Vijay 28 January 2018

Alimony

One Time Alimony 1) Can we give one time alimony in EMI spread over 5 years or more years as liquidity is blocked in real estate which is currently stagnant ? 2) In case wife gets re-married in say 2 or 3 years, will she be entitled to unpaid part of one time alimony? 3) If wife wants one time large lump-sum payments, which husband does not have in liquid funds form due to investments in real-estate, can the one time alimont be spread for 3 or 4 annual installments ? (Liquidity could be generated only after a property is sold). Can we request court to allow Monthly EMI or annual amounts to be paid every year – in lieu of one time alimony ? 4) What is the maximum % she can claim from my Net Position, i.e. Assets – Liabilities, if say 100, considering she is an entrepreneur, what is the highest % of husbands Net Assets position she could possibly try and claim successfully ?

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Krishna 28 January 2018

It is a understanding between the two people. If you give monthly maintenance, once she gets married, there is no need to pay for life. If you pay one time alimony, next day if she marries you can do nothing. Now you are a business man, think which is beneficial for you. Finally if you both have cordial relations come to amicable solution

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Vijay 28 January 2018

Thank you for your prompt revert. In case it becomes a contest - is there a predence of x% of husband's net asset value being considered for one time alimony ?

Krishna 28 January 2018

As per my understanding your income, living status, living standards will be taken into consideration while awarding alimony. One time alimony is understanding between the parties and if you have assets thier income will be considered and I do not think court may not divide assets and may give right to stay at your house, even though you are divorced. The laws are women centric

Krishna 28 January 2018

Your salary and income from assets including movable and immovable

Krishna 28 January 2018

Wife has no legal right to claim any property of husband during his lifetime and not even at the time of divorce whether the husband keeps the property with him or transfer it to his parents. This is India and in Indian law wife doesn't have right to seek claim any share in the property of the husband during his lifetime her claim for share is only after his death and that too if he died intestate namely without making a Will with regard to his property

(Guest)

Wife can claim husbands property.

Wife can claim alimony again even after taking 1 time payment.

Wife can simply go for live in and still continue taking alimony from you.

Law can be twisted and turned for anyones benefit. What you both require is sincere advocate.