Alimony/Maintenance Issue
“Alimony” is derived from the Latin word “Alimonia.” It means “sustenance.” So, in this sense, alimony is an amount of money that a husband must pay to his wife for her sustenance. In some places, alimony is called maintenance.
Types of alimony/maintenance
- Interim
- Permanent
Interim alimony/maintenance
Interim maintenance is the amount that the husband must pay for the maintenance costs of his wife during the court proceedings. Plus, the husband must compensate the expenses incurred by the wife for the proceedings.
Permanent alimony/maintenance
Permanent maintenance comes into effect after the divorce is done. The ex-husband must pay the amount fixed by the court to his ex-wife either on a lump sum basis or on a monthly basis.
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There are many factors that determine the amount of alimony to be paid by the husband and if he really needs to pay it. For example, if the wife is earning more, then the husband can avoid paying alimony. But for this, you must prove she is earning more and need a good lawyer to represent your case. There are also options available to men to request cancellation or suspension of alimony. Experienced legal assistance can help you in this case.
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Frequently Asked Questions (FAQs)
As per the ruling of the Supreme Court of India, 25% of the husband’s net income should go to the wife as maintenance or alimony. But this is not a fixed rule. The amount can vary depending on the circumstances. Generally, it is one-third to one-fifth of the husband’s income.
If the court orders the husband to pay a certain amount and if he does not pay, then he can face certain legal actions like:
- Seizure of his property
- Cancellation of his business license
- Salary garnishment
- Suspension of driver’s license
- Stoppage of tax refund
- Imprisonment
If a husband is unable to pay alimony, it is better to inform the court instead of simply avoiding to pay. Informing the court immediately can save the husband from legal implications.
You can prove that your wife has an income higher than that of you, so they won’t qualify for alimony as per Section 35(1)(b), Family Courts Act, 1984. You can also apply under Section 2 of Indian Maintenance and Welfare of Parents and Senior Citizens Act, 2005, proving that you have no income or assets to pay alimony. You can also discuss with this your ex-wife and come to a mutual agreement, if possible.
Any sum received for alimony and maintenance is taxable in the hands of the beneficiary. On the other hand, it is tax-deductible for the payer.
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