• Queries about financial settlements post divorce

We were married in 2012 and have a daughter who just turned 1. We both are IT professionals and my wife earns more than me. Looking forward to a divorce, below are my questions:

1) How can we conclude what is the amount she can claim from me?
2) I own no property, so I don't think there are any issues with that. If any kindly let me know.
3) Will she get a 50% share of all my savings?
4) Will she have any rights to my parent's property which is still in my father's name?
5) If I keep the daughter's custody, what are the positives and negatives with regards to the case?
Asked 6 years ago in Family Law
Religion: Hindu

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12 Answers

Hi, since she is a working lady she cannot claim maintanace from you ..2) she cannot claim rights on self Acquired property of your parents , however she can claim rights on the ancestrol property ..3) The custody of child is likely to remain with your wife as she is infant right now..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1) If she is working women than you are not entitled to give maintenance mo.ey to her, however you have to pay for your child.

2) No she can't claim on yoyr saving amount.

3) No she doesn't have any share in your father's property.

4) you won't get daughter custody as of now aftet 18 years of age you can ask for custody, meanwhile you can ask for visitation request to court.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Hello,

1) There's no hard and fast rule about how much your spouse can claim. It is always advisable that you aarrive at a mutual agreement or consensus on the same.

2) Your wife is not entitled to any share in your properties by law.

3) No.

4) No.

5) In fact there's no positives or negatives arising from your such decision to keep custody of your daughter. However if custody is with you you don't need to pay for maintenance of the daughter. Secondly as your wife has right of visitation ,in case you claim custody, you will be bound by the terms of visitation.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

1) since wife is highly qualified and earning more than you she is not entitled to maintenance

2)you will have to pay maintenance for child in proportion to your income

3) wife is not entitled to 50 per cent of your savings

4) she has no share in your parents property

5) custody of daughter is generally awarded to mother

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

The SC court has recently decided that 25% of salary of husband is fair amount of divorce but in your.case she is well qualified and can maintain herself earning so maintaince can be contested. Though she can ask maintenance for the daughter.

2) No there won't be any issue .

3) No she will get as awarded by court or in case of mutual as decided by you.

4) No rights on parents property.

5)looking at the age of your daughter in case it is mutual divorce then you can keep custody.otherwise at such small age below 5 according to law the child resides with mother but.ofcourse you can contest that .

The positive and negative on case can be seen by seeing all the facts and situation but yes then you don't pay maintenance for child and you can keep your daughter with you but that is ultimately on court to decide the custody of child.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Amount will decided acc. to settlement between u both,if she claims maintenance, than maximum 25% of your salary but as she is also earning good, than mount may be reduced.

1) How can we conclude what is the amount she can claim from me? --- Matter of settlement,

2) I own no property, so I don't think there are any issues with that. If any kindly let me know. -- she can claim right to residence, rental accommodation if she contest divorce .

3) Will she get a 50% share of all my savings? -- 15 to 25 %

4) Will she have any rights to my parent's property which is still in my father's name? -- No claim.

5) If I keep the daughter's custody, what are the positives and negatives with regards to the case? -- Court will grant custody to wife, at least until she not reach 5 years. U can claim visitation right.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. A working woman is not entitled to maintenance , ,ore so, when her income is more than you.

2. Wife has no right of share in the property of husband unless the property is jointly owned by your wife.

3. Since wife has no share in the property of husband there is no question of sharing of savings.

4. Wife has no right of share either in the property of husband or in the property of inlws.

5. There is no negative aspects for keeping one's own child.

The question of paying your life arises only when you settle amicably.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. If it is a mutual divorce then the same depends on mutual understanding. There is no mathematical formulae for the same.

2. If she is contesting the claim then she may claim the same

3. No right on parent property

4. She might claim the custody if you keep the custody. No such legal harms or benefits

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. The amount of maintenance she can claim from you is subject to a lot of factors a) who has custody of the minor daughter ? b) Standard of living which you people had whilst living together. c) Salaries. d) No. of Dependants. She can ask for any amount but the Court will consider these aspects while passing orders.

2. Issues in what context?

3. No.

4. If she is able to establish that the same is a matrimonial home, then she has a right to reside there but no rights on the title.

5. There is no positive or negative aspect to this situation. However, i would advise you to do what is in the best interest of your daughter and not your own self.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. There is no reason that she can claim any amount towards alimony or settlement when she is reported to earn salary income more than that of yours.

You may both arrive at an amount towards the future of your child, in that you can agree to give your share to the extent of 50% of the amount you both have arrived at.

If she claims legally then you can challenge her claim properly in the court of law and get her claim dismissed especially towards the claim for herself.

2. Even if you own a property, she cannot legally claim any share in it as a right.

3. NO

4. NO

5 The custody of child will depend on the mutually agreed conditions, so you can sort out the issues of child custody and visitation rights accordingly.

If the child is taken by you as sole custody, you can demand maintenance for your child to be shared by her along with you.

There is no question of pros and cons in th child custody, becasue it is not a material, it is your child, whatever, you may have to accept and take care.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. If you are going for a mutual consent divorce, this amount has to be agreed in between you two.

2. That's correct.

3. There's no rule/law to that effect.

4. Not at all.

5. This has no repercussions on the case. Who is to retain the child's custody is also to be decided mutually

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

The claim can be decided between you mutually and file mutual divorce. Else the court will decide the Same. No 50 percent share in savings. No ownership rights in parents property. If Court gives custody to your wife you need to pay for child maintenance to her.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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