Amit Kumar 15 October 2023

Regarding alimony in case of divorce.

if marriage lasted for 2 years then alimony will be decided on the basis of time duration lived together or the duration of marriage??

Also if wife earns more than a husband then still she entitled for alimony?

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Quick Summary

This discussion clarifies how alimony is determined in divorce cases, explaining that it's not solely based on marriage duration but also considers income, assets, and liabilities of both parties. While there's no fixed formula, guidelines exist, such as 25% of the husband's net monthly salary for periodic payments. Importantly, if a wife earns more than her husband, she may not be entitled to alimony unless she has custody of minor children, in which case she can claim maintenance for them.

2 Replies

Dr. J C Vashista (Advocate ) 16 October 2023

No, it will not consider the fact of duration of marriage.

Income, expenditure, assets and liability clubbed with financial status of husband (at the time of marriage as well as presentation of petition for divorce) shall be considered for deciding alimony, when the parties cannot resolve amicably, through counselling or mediation proceeding in the court.

LCI Thought Leader Rajesh Tandon ( Col (Retd)) 06 December 2023

There is no fixed formula or strict rule for determining the alimony a husband must provide to his wife. Alimony can take the form of periodic or monthly payments or a one-time lump-sum amount.

When alimony is paid monthly, the Supreme Court of India has established a guideline of 25% of the husband's net monthly salary as the benchmark for the wife. There's no specific benchmark for one-time settlements, but it usually ranges between 1/5th to 1/3rd of the husband's net worth.

Courts consider various factors when calculating alimony, including the incomes and properties of both the husband and wife, their conduct, and mandatory deductions like income tax and loan payments to determine the husband's net income.

According to the law, if the wife earns more than the husband, the court may not award alimony, assuming she can support herself. However, if she has custody of minor children, she can claim maintenance for them.