When a couple is hitched, they must support each other. This does not certainly end with the process of divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance is given to anyone who is financially dependent on the other person in a marriage. It includes either the other spouse, dependent kids or even needy and old parents.
The right of either mate (though, in most of the cases in India, it is the wife) relies on the husband to provide her with sufficient needs and means of life.
When the decision is made about the payment on the alimony, the court will consider the partner’s earning potential and his capacity to restore his possessions and responsibilities.
If any of the one spouses cannot pay for the divorce, it becomes the other spouse’s duty who earns to pay the charges of divorce fees.
What Is The Primary Influence On The Duration And Amount Of Alimony?
If the divorce is contested, the amount and tenure of the alimony depend upon the marriage’s term. A divorce after ten years of marriage designates the other partner to life-long alimony. The other necessary factors that you must know are as follows:
1. Age of the spouse who is to receive the alimony after the divorce.
2. Financial fitness or the income of the person who is to afford the alimony.
3. The health conditions of both the partners (the ageing medical condition of one of the partners who will accept the alimony may play in inclination of him or her. They can claim more considerable alimony based on their health issues).
4. The partner that holds the child custody would either pay lesser alimony & maintenance or be paid a more significant amount if the child is a minor, i.e. below 18 years.