What is Alimony Law in India?
- When two people are married, they have an obligation to support each other. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage.
- The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means.
In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income
The duration and amount of alimony
- The alimony, its amount and tenure, depend upon the length of marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony.
- Economic condition or the earnings of the person who is to provide the alimony.
- The health of both spouse.
- The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.
Property matters settled?
- It seldom matters whether you or your spouse own the property.
- If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property.