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Oct 264 min read

How Is Divorce Alimony Calculated In India

Alimony Is A Legal Responsibility Which Is Imposed On A Person To Pay Financial Support To Their Spouse During Or After Marital Separation Or Divorce Under Indian Laws.


There Is No Fixed Formulae For Calculating The Amount Of Alimony Paid To Either The Husband Or The Wife. The Amount Can Be Paid As Periodic Payment, Monthly Payment Or Payment In Lump Sum Amount.

In Case, Court Orders For Monthly Allowances, Then As Per The Guidelines Of Supreme Court, They Have To Give 25% Of Their Monthly Income. On The Other Hand, In The Cases Of One Time Payment, There Is No Such Strict Rule. The Husband Or The Wife Have To Pay 1/5th To 1/3rd Of Their Net Worth.

There Are Several Factors Which The Court Considers While Calculating The Amount Of Alimony. These Are:


  • The Net Worth Of Property Of Husband And Wife;

  • Health Condition, Age And Social Status Of Both The Parties;

  • The Conduct Of Both The Husband And The Wife;

  • To Calculate The Husband Or Wife's Net Income, The Court Takes Into Account A Number Of Necessary Deductions Such As Income Tax, Emis, Loan Repayments, And So On.

  • The Responsibilities Of Husband And Wife Like Parents Who Are Dependent Upon Them;

  • The Duration Of Marital Relationship;

  • The Custody And Liability Of Children;


The Quantum Of Alimony


The Quantum Of Alimony May Vary. Let’s Discuss This:


  • According To The Indian Legal Separation Spousal Support Rules, There Is No Rule For Paying The One – Time Amount Of Alimony. The Court Can Grant Either 1/5th Or1/3rd Of The Husband Or Wife’s Income Or Total Asset.

  • In The Cases Of Monthly Alimony, The Supreme Court Of India Directed To Pay 25% Of Monthly Income Of Husband Or The Wife To The Other Spouse For Court’s And Other Expenses. There Is No Such Actual Amount Which A Person Needs To Pay In Case Of Monthly Allowance.

  • If The Wife Works And Earns A Decent Living, The Court May Deny Her Support. However, If Her Pay Is Significantly Lower Than Her Husband's, And She May Struggle To Make Ends Meet During Or After The Divorce, She Is Also Entitled For Support.

  • A Hindu Husband May Seek Alimony From His Wife If His Earnings Are Smaller Than Those Of His Wife Or If He Does Not Work At All. Although Such Cases Are Uncommon.


How To Enforce The Alimony Order


If The Party Fails To Pay The Court Ordered Spousal Support Then The Aggrieved Party Can File A Petition To Impose The Alimony Instructions. The Same Is True If You And The Other Person Struck An Agreement On The Subject, Which Was Incorporated Into Your Final Divorce Decree Or Other Court Orders. You'll Normally File A "Show Cause" Motion, And The Court Will Hold A Hearing To Determine Why The Other Party Isn't Obeying The Directive And What The Court Should Do To Enforce It.


Your Spouse Might Face Penalties And Fines For Failure To Obey The Court’s Order. The Court Can Even Order To Pay The Alimony Preemptively To The Date Of Divorce.


Evidences Needed To Get Alimony

  • The First Thing You Need To Prove Is That Your Financial Position Is Not Good. You Can Even Provide The Evidence Of Your Monthly Expenses And Source Of Property Or Income Etc.

  • You Should Prove The Income Of Your Husband. If Your Husband Is A Businessman, Then You Should Produce The Balance Sheets And Profit And Loss Accounts To Prove His Monthly Income.

  • You Should Also Provide The Copies Of Your Husband’s Income Tax Returns And Salary Slips.

  • If Someone Is Dependent On You, Such As Parents Or Children, And You Have To Pay For Their Treatment Charges, You Must Produce Documentation Such As Medical Reports And Test Results.

  • In Case You Have A Child, You Should Provide Documents Considering The Child's Expenditure As Well.


When The Person Is Not Required To Pay Alimony


There Are Certain Circumstances In Which A Person Is Not Required To Pay Alimony. If The Woman Remarries, The Husband Is Not Required To Pay Alimony, But He Must Support Any Children Born From Their Marriage. He May Also Contest Alimony Since His Wife Works, But He Cannot Refuse To Pay If Ordered. The Court Will Consider The Amount She Makes. For Example, If She Is Barely Making Enough Money To Get By But Lives A Better Life After Marriage, The Court May Order The Husband To Pay To Supplement Her Wages And Maintain Her Standard Of Living.


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