• Alimony Amount

Hello,

We're filing for divorce after 9 years of marriage. My husband has illicit/extra marital affair. I have a 7.5yr old son as well who is going to stay with me after divorce. We are trying to negotiate mutually on the alimony amount. My questions are-

1. What would be considered for alimony amount- Spouse's gross income or net/take home income (after all deductions like income tax, PF, professional tax, company stock options etc)?

2. Based on answer to question #1 above, what is the percentage of spouse's salary that I am able to claim for as part of alimony, for permanent maintenance of me and my 7yr old son?

2. My husband has multiple real estate properties in Bengaluru (with the joint ownership of his mother) and is financially capable of giving a two bedroom house to me. Can it be asked as a part of alimony as well, legally?

3. What percentage of tax I should be paying for the alimony amount I am going to get?

4. Finally, what percentage of tax I should be paying every month if I Fixed Deposit the alimony amount for a longer term?
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1.If it is mutual settlement then there is no law and the amount is fixed by the parties on mutual consent. if it is sought for in court then monthly alimony varies between 1/3 to 1/5th income of husband.

2. Yes,you can ask for it if it is done through negotiation.In court you can seek only residence right and not share in it.

3. consult tax professional

4. TDS is deducted @ 30%.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) net income after taxes is considered in determining alimony amount

2) you can claim one third of husband income as maintenance for your self and child or seek lumpsum alimony

3) you have no share in husband properties .

4) you can ask husband to provide one flat for your residence

5) alimony amount received by you is tax free

6) interest earned on fixed deposits would be taxable depending upon your income slab

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. If it is a mutual consent divorce then the alimony amount also will depend on the talks held between you two and not on the basis of his income alone.

2. There is no such a system or provision in law for seeking percentage of his salary. You have to present before court his salary income and income from all other sources convincingly to satisfy the court the genuineness in your claim,. The court will decide grant of alimony or maintenance based on the arguments made for and against by both the sides.

3. First of all get the alimony granted, then you can compute this income with your other income for assessment of income tax.

4. The above answers suits this question too.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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