Divorce and Alimony Law: An Overview by Top Divorce Lawyer in Gurgaon

In our previous blog, we covered what is alimony and how alimony is calculated. As alimony is a significant matter of conflict in divorce cases, so we will cover more detail here.

Quantum of Alimony (Interim and final settlement)

• If the alimony is paid periodically: In one case, the Supreme court of India has set 25% of monthly salary as periodic alimony. This judgment states that If a spouse pays alimony monthly it should be 25% of his/her monthly salary. However, it is also true that there is no pre-fixed rule that decides the amount of alimony. The quantum of alimony is completely dependent on the situation to situation.
• If Alimony is paid in a lump-sum amount: As per divorce alimony rules, here also no set benchmark settlement rule exists. But, it ranges from- fifty to one-third of a spouse's total worth.
• In case of working spouse: In case, the spouse is working and also drawing an attractive salary, the couple's salaries will be compared against each other’s earnings. If a court finds a big disparity between a wife's and husband’s earnings, it can decide whether the wife or husband should receive any alimony or not.

In case, any change happens in the financial circumstances after the decision of permanent alimony, either of the parties has the right to file a review petition in court. These changes can be:

• The wife remarries
• The wife starts earning more than her husband
• The alimony-paying spouse becomes financially weaker
• The alimony-paying spouse is starting to earn more
• The alimony-receiving spouse gets richer

In all the above cases, both spouses have the right to file a petition.

What Belongs to a Wife in Case of Separation

As per the alimony calculator in India, all items that are given to the wife during, after or before the marriage belongs to her. These items can be any type of jewellery including silver, gold, diamonds, alloy, and precious stones, and fixed assets such as property, cars, furniture, paintings, appliances, and artefacts. In addition, the wife’s earnings, all types of gifts presented by her husband, in-laws, relatives, friends and acquaintances belong to the wife.

What Wife can not Claim after Separation

The wife has no right to the gifts and items gifted like jewellery and gold etc by her, her parents, or relatives to the husband. If the husband spends his earnings on buying any property in the wife’s name and does not pass it on as a gift, then the wife can not claim it for her. In addition, if a wife spends her earnings on household expenses, she can not claim that money too.

Conclusion

Settlement of alimony is not easy. Court considers several parameters while fixing the amount of alimony. A party should consult a good lawyer who has enough expertise that can pursue your case with intellect and dedication to win a respectable alimony.

We hope the above information must have answered many of your doubts, but in case you wish to know something more, you can contact Mrs Sapna Malik, she is the top divorce lawyer in Gurgaon who has handled several complex divorce cases.

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