Alimony After Divorce: Divorce in India not only brings emotional challenges but is also often accompanied by financial problems. Especially for those people who were financially dependent on their spouse.
In such situations, the court makes provision for ‘alimony’ i.e. maintenance allowance, so that the separated partner can be helped to live a respectable life.
Types of Divorce Alimony
1. Permanent Alimony: This is a continuing alimony after divorce, which continues until the recipient dies or remarries.
2. Temporary Alimony/Interim Maintenance: It covers the expenses incurred till the divorce process is completed, including lawyer’s fees and everyday expenses.
3. Rehabilitative Alimony: It is given for a limited time, so that the partner can become self-reliant by studying or doing a job.
4. Reimbursement/Compensatory Alimony: When one partner leaves his career due to family responsibilities, this is how he is compensated.
5. Lump sum Alimony (Lump Sum Alimony): A lump sum amount is given, due to which there is no need to make repeated visits to the court.
6. nominalAlimony (Nominal Alimony): When there is no immediate need, but there may be a need in the future, then the court fixes a lower amount so that the rights are protected.
rules in different religions
- Hindu Law: There is a provision for permanent and interim alimony in Sections 24 and 25 of the Hindu Marriage Act.
- Muslim Law: After divorce, maintenance is given till the Iddat period.
- Christian Law: Alimony is decided under Sections 36 and 37 of the Indian Divorce Act 1869.
- Parsi Law: There is a provision for maintenance under the Parsi Marriage and Divorce Act 1936.
- Special Marriage Act: Alimony can be given under Section 36 and 37 even in marriages of different religions.
Income, future and children’s needs
While deciding alimony, the court also takes into account the income of both the spouses, future earning capacity and special needs of the children. For example, in a case, the Jharkhand High Court had reduced the wife’s maintenance allowance to Rs 90 thousand after the husband’s real income was revealed through RTI. The cost of taking care of their autistic child was also considered.
Why is financial preparation important?
To remain financially secure after divorce, it is very important to open a separate bank account, update names in insurance and investments, remove names from joint loans. The lump sum alimony is tax-free, but the monthly amount is considered taxable. Expenses related to the child’s education and health are decided separately.
get good advice
The divorce process may require not only a good lawyer but also a financial advisor. With proper planning, you can secure your future and start a self-reliant life afresh.