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Knowing alimony, spousal, and child support rules in India is vital. Both parties should assess assets, liabilities, joint property, accounts, investments, and loans
Hiring a divorce lawyer to protect financial interests and a financial planner for post-divorce financial planning is recommended. (Representative/News18 Bangla)
Amid the emotional turmoil of divorce, many individuals face the added concern of alimony, which can bring significant financial implications. Courts step in to provide this support, aiming to ease the financial strain and ensure stability for the affected spouse.
In India, alimony is governed by various personal laws and the Code of Criminal Procedure, 1973 (CrPC), ensuring that financially weaker spouses can maintain a life of minimum dignity post-separation. The form of alimony can vary based on case specifics.
Types Of Alimony:
- Permanent Alimony: This is extended to spouses who require ongoing financial support post-divorce, ceasing only upon the recipient’s remarriage or death, as stipulated under Section 25 of the Hindu Marriage Act, 1955, and other personal laws.
- Temporary Alimony/Interim Maintenance: Provided during divorce proceedings, it covers legal fees, living expenses, and other related costs, according to Section 24 of the Hindu Marriage Act, 1955, and Section 125 of the CrPC.
- Rehabilitative Alimony: Offered for a limited period, it aims to help the financially weaker spouse become self-sufficient, often through education or employment opportunities.
- Reimbursement/Compensatory Alimony: This compensates a spouse who sacrificed career opportunities for family obligations. Equitable principles guide its provision.
- Lump Sum Alimony: A one-time payment that spares the recipient from monthly legal battles, allowing them to settle debts, purchase property, or fulfil other needs.
- Nominal Alimony: A minimal amount set to preserve the legal right to claim more significant support in the future, used when immediate financial need is absent but anticipated.
Alimony Under Various Personal Laws
- Hindu Law: The Hindu Marriage Act, 1955 (Sections 24 and 25) covers interim and permanent alimony.
- Muslim Law: Alimony is paid during the iddat period post-divorce as per Sharia law and the Muslim Women (Protection of Right to Divorce) Act.
- Christian Law: The Indian Divorce Act, 1869 (Sections 36 and 37) governs alimony for Christian spouses.
- Parsi Law: The Parsi Marriage and Divorce Act, 1936 provides for maintenance both during and post-divorce.
- Special Marriage Act, 1954: Applicable to inter-religious marriages, it permits maintenance under Sections 36 and 37.
Future Earning Capacity
The ability to earn in the future, even if currently unemployed, affects alimony amounts. Courts encourage self-reliance, as seen in Kalyan De Chowdhury v. Rita De Chowdhury, (2017) 14 SCC 200.
Income Disclosure And Special Needs
In a notable case, the Jharkhand High Court increased a wife’s monthly maintenance to Rs. 90,000 after RTI findings revealed the husband’s income. The court also acknowledged the special needs of the couple’s autistic child, factoring in the mother’s full-time caregiving role.
Understanding alimony, spousal support, and child support under Indian law is crucial. Both parties must evaluate their assets and liabilities, including jointly owned property, bank accounts, investments, jewellery, and vehicles, as well as joint liabilities like loans. Removing one’s name from joint loans or credit cards is advisable to avoid future liabilities.
For financially dependent individuals, budgeting for post-divorce living expenses is essential. Opening a separate bank account, updating nominees on insurance and investment portfolios, and planning finances to manage alimony payments are important steps. Alimony received in lump sums is tax-free, whereas monthly payments are taxable. Understanding capital gains tax on donated property is also necessary.
Child support for education, health, and daily expenses must be decided, considering the custodial parent’s role. Updating wills, insurance policies, bank nominations, and property documents to exclude the ex-spouse might be necessary. Ensuring all financial settlements are documented in the divorce decree is critical.
Hiring a divorce lawyer to protect financial interests and a financial planner for post-divorce financial planning is recommended. Saving and investing for long-term security, acquiring new skills, and seeking employment or business opportunities can help rebuild a financially independent life post-divorce.
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