For Legal Discussion CALL – 6289790142
For More Information – Please visit our FaceBook Page –
Will The Husband Have to Pay Divorce Alimony?
In this case, will the husband have to pay divorce alimony? The simple answer to this question is yes. The Husband will probably have to pay alimony but how much alimony or for how long may vary depending on a number of factors.
The Court Will Usually Consider The Following Factors for Divorce Alimony :
• Marriage duration.
• Financial resources of each spouse.
• Each party’s earning capacity.
• Time needed to obtain training or education to re-enter the workforce.
• Contributions to the family during the marriage.
In today’s market scenario, it is extremely hard to find job, even if you stopped working only a few months ago. If the wife stopped going to office after marriage or after the birth of a kid, the husband has to support her until she is earning enough to support herself. The courts also consider the complexity in getting a job or freelance work while deciding the alimony.
In the scenario above, the wife has the ability earn well as she has a bachelor’s degree in Architecture and some work experience. However, she definitely does not have the same earning capacity as the husband, considering that the husband now has a work experience of many years and he already has a job with a company. The wife had to compromise on her career to take care of the family and kids. Therefore, the husband has to pay alimony until she is financially independent.
A court may order temporary alimony while the divorce is still pending. Most divorce alimony is awarded for a particular period of time.
So, if you have been the primary bread winner for your spouse and children and your spouse is not able to support himself/herself financially, it is mandatory for you to pay some kind of spousal support.
Section 25 in The Hindu Marriage Act, 1955
25 Permanent alimony and maintenance .
Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
If the court is satisfied that the party in whose favor an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.