Methods of alimony calculation in Indian mutual divorce cases

Alimony Divorce

A divorce can be a scarring experience for the couple involved, with disputes and accusations, claims and counterclaims. Although a mutual divorce can be comparatively amicable, tensions may rise when it comes to the financial settlement. However, there are specific methods to determine the alimony amount in different circumstances under a mutual consent divorce situation.

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  • After-separation alimony – This is often a temporary form of alimony that eventually stops or gets converted through another method of divorce alimony calculation. If a spouse is incapable of financially sustaining the separation period, the court orders an alimony period. It must be noted that the divorce is yet to take place in this case. In case the separation ends in reunion, the alimony comes to a halt. However, if the divorce does take place, the new alimony amount is decided.
  • Rehabilitative alimony – A spouse is eligible for alimony in mutual divorce for healing as a means of providing for themselves and their children. The duration of rehabilitative alimony depends on the case-to-case scenario. For instance, a separated father often ends up paying for the sustenance of the child. However, the divorce alimony is assessed and evaluated from time to time, to revise the amount if required. The Supreme Court of India says that the husband must pay a quarter of his earnings to the estranged wife, however actual calculations may vary. 

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  • Reimbursement alimony – If one spouse pays for the education or employment programme expenses of the other spouse, and if the latter’s income increases as a result, reimbursement alimony becomes applicable. In such cases of mutual divorce, the court decides the reimbursement that must be paid to the spouse who bore the expenses.
  • Lump-sum alimony – The entire alimony amount can be paid in one go through lump-sum payment. This often eliminates the need for a recurring divorce alimony payment and all the formalities that go with it.
  • Permanent alimony – This is applicable if the dependent spouse has a proven track record of no employment or skills. This applies to homemakers who have never worked and are unlikely to get employment. It is also applicable in the case of spouses who have a chronic ailment or disability. Permanent alimony stops if the spouse remarries or gets together with another person or passes away.

When it comes to the mutual divorce process itself, various factors are considered. This includes the income and property of the spouses, their liabilities and dependents, social status, age and health, conduct, period of marriage, age and needs of the minor child etc. Besides, for alimony in India, the religion of the couple is also an important factor. Alimony laws in India like The Hindu Marriage Act 1955, Muslim Women Protection of Rights on Divorce Act 1986, Indian Divorce Act 1869 etc. become applicable as per the religion.

With these methods, every separating couple can see to it that they can put the dissolution of marriage behind them and get on with their individual lives afresh. 

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Disclaimer: This article is intended for general information purposes only and should not be construed as investment or legal advice. You should separately obtain independent advice when making decisions in these areas.