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How much assets does wife get in divorce?

It ranges from 1/5th or 1/3rd of the husband's total worth and is paid in the form of a lump-sum amount. If the wife is working and earning good: In case, the wife is working and also drawing a handsome salary, her earnings are taken into consideration along with the husband's earnings.

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Staff Desk Dec 5, 2022 14,320 4 mins

This post discusses in detail the exact alimony laws on divorce in India. One can completely get an overview of the rules and regulations that are binding when a couple decides to get divorced. Alimony can be defined as the financial support that is provided by one spouse to another after divorce. In most cases, it is provided when a spouse is not capable of taking care of his/her basic needs. As per Alimony laws in India it can be provided to any spouse but in most cases, it is awarded to the wife by his husband. There are two types of alimony in India which include the Interim maintenance amount that is given while the court proceedings are on and the final amount that is given at the time of legal separation. Permanent alimony is provided to the wife or husband under Section 25 of the Hindu Marriage Act for his or her support and sustenance. In case the wife is a working woman and still, there is a considerable difference between her earnings and that of her husband, she will still be granted Support to maintain the same living standard as her husband provided her. In case the wife is not earning, the amount of money will be decided to take into consideration her age, educational qualifications and her ability to work or earn in the future. In case the wife is earning and the husband is disabled or not fit to work, the Alimony amount is granted to the husband by the court.

What Is the Basis for Alimony Calculation in India by Court?

There is no set formula or hard rule that decides how much alimony needs to be paid by either spouse to the other one. The alimony amount can be provided as a monthly or periodical payment or in the form of a lump-sum amount as a one-time payment. If the alimony is being paid in the form of monthly payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband’s total worth. The other factors that are taken into consideration by the court while calculating the alimony amount include:

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Social status and living standard of both the parties.

The income of both husband and wife and other assets including properties

Dependents and liabilities of the husband

Child/children’s education and upbringing expenses

Health state and age of both the parties

The duration for which the couple has been married

Behaviour and conduct of both the parties

Keeping in mind the range of factors and the specific circumstances of each case, the court grants alimony in accordance. Hence, there are no set alimony amounts as the situation is different for every couple.

Divorced via Mutual Concern

When a couple decides to get divorced mutually, whether alimony or maintenance needs to be paid or not is decided by them in agreement. This amount of alimony or sustenance is either granted to the wife by the husband or to the husband by the wife. It is subject to the agreement between the couple. The court, under the divorce maintenance rules, gives directives to the couple on the mutual agreement. The couple is then legally bound to follow it.

Quantum of Alimony

When alimony is paid periodically: When the alimony is paid periodically/monthly, it is set at 25% of the total monthly salary of the husband. The Supreme Court of India, in one of its judgments, stated this 25% is the benchmark amount and is also just and proper. However, it is important to remember that there are no set rules for alimony as each case has different situations and facts. When alimony is paid in a lump-sum amount: According to the divorce alimony rules, no set benchmark settlement exists for one-time settlement alimony. It ranges from 1/5th or 1/3rd of the husband’s total worth and is paid in the form of a lump-sum amount. If the wife is working and earning good: In case, the wife is working and also drawing a handsome salary, her earnings are taken into consideration along with the husband’s earnings. Depending on these facts and figures, the court decides whether the wife will receive any alimony or not. If yes, then that amount is also decided by the court taking into consideration all facts. If the husband earns less than his wife: A Hindu husband is allowed to claim alimony from his wife if his earnings are less than that of his wife or if he does not work at all. Such cases are rare.

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In case, there is a change in circumstances after the permanent alimony is decided, either of the parties can file a Divorce Petition in court. These changes could include the wife remarrying, the wife starting to earn more than her husband or the husband being unable to maintain his wife due to financial crisis, the alimony-paying spouse starting to earn more or the alimony-receiving spouse getting richer. In all these cases, one can go to court and see if there is any scope for change.

What Belongs to a Wife After Separation?

According to the alimony calculator in India, any type of jewellery including gold, silver, alloy, and precious stones, fixed assets such as property, and other assets such as cars, furniture, paintings, appliances, and artifacts all belong to the wife. These could be presented to her before, after or during the marriage. In addition, gifts presented to her from anyone are her property too. These could be from her husband, in-laws, relatives, friends and acquaintances. The earnings of the wife before or after marriage are also her property.

What Can the Wife Not Claim After Separation?

The wife does not have any right to any jewellery, valuables or gifts gifted to the husband by the wife’s parents before, after or during the marriage. Any asset that was bought by the husband in the wife’s name, without passing it on as a gift, also does not belong to the wife. If the wife has spent any of her earnings on the household, those cannot be claimed.

Conclusion:-

These are the exact alimony laws on divorce in India and should be kept in mind when a couple is deciding to get a divorce. You should be prepared beforehand and be aware of all the laws and regulations For more information, one can also find useful information on Vakilsearch’s official site.

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