Users' questions

Do you have to pay alimony at time of divorce?

Do you have to pay alimony at time of divorce?

3) court can direct you to pay alimony monthly or lump sum payment at time of divorce . 5) the Supreme court has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case.

Can a woman get alimony after deserting her husband?

Bhatia argued, and the bench appeared to accept it for most part of the proceedings, that when a woman during subsistence of marriage was not entitled to alimony under Section 125 (4) of CrPC if she had wilfully deserted her husband, how could she, after divorce being granted on ground of desertion, be entitled to alimony.

How is the amount of alimony fixed by the court?

Many factors such as the income of wife, income of husband, the period for which marriage subsisted and liabilities of husband are to be kept in mind by the court while deciding the legitimacy of the claim for alimony and also the amount to be fixed. If your wife is earning then she is not entitled to claim financial support from you.

What’s the difference between permanent alimony and maintenance?

Permanent alimony is the amount taken only once for maintenance of the divorced wife whereas maintenance is the amount to be paid on monthly basis by the husband before, during and/or after getting the decree of divorce.

Do you have to pay alimony to unfaithful spouse?

Laws about paying alimony vary from state to state. Even with these variants, many do not allow unfaithful spouses to vie for alimony payments. This is going to require more than your word indicating that your spouse was unfaithful during your marriage. You must bear the burden of proof.

What happens to your alimony after a divorce?

Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. if you pay in cash, receipts for each payment, signed by the recipient.

Is there a maximum amount of alimony you can pay in a mutual divorce?

There is no minimum or maximum limit set for payment of alimony and there are also no laws to substantiate the compulsory payment of alimony, so the partners can mutually decide on non-payment of maintenance. At times where the wife remarries, the husband can request to not pay the alimony thereupon.

Can a husband claim alimony in an intercaste marriage?

Intercaste: Such marriages that involve spouses belonging to variable religions come under no specific personal law so are governed by the Special Marriage Act,1954. However, under this act, only the wife can claim alimony and the rights do not extend to the husband.