It is immaterial whether husband or wife files for divorce to determine alimony amount
2) the alimony depends upon husband income ,wife income , standard of living etc
3) you have to pay maintenance fir your daughter
I belong to a muslim family and things are going rough recently which i think may lead into divorce. I just wanted to know is there a difference in alimony when a husband files for divorce and is there a difference in alimony when a wife files for divorce. Also, my wife is working, does that make her immune to alimony? I have a small 8 months old daughter aswell. Thanks in advance
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It is immaterial whether husband or wife files for divorce to determine alimony amount
2) the alimony depends upon husband income ,wife income , standard of living etc
3) you have to pay maintenance fir your daughter
1. The quantum of alimony depends on income of husband which is around 25% of his income as established in court.
2. This has nothing to do with the fact as to who has filed the suit for divorce.
3. Applying for dissolution of marriage is a legal right and there is no inherent demerit in applying for divorce by the husband or the wife first.
NO DIFFERENCE
“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses, NEED etc,. a detailed personal discussion will enable me to answer promptly"
if you are in a hurry for divorce, alimony increases and if she wants a divorce at earliest, alimony decreases,
See firstly there is no difference as such whoever files for divorce for alimony other factors can be also considered further wife earning does not immune you from alimony but still you get good ground to contest alimony and the amount.
The maintenance for the daughter can be claimed separately if wife is having custody of her.
Alimony is based upon various factors including conduct and character of the wife whether she has suffered or not......baby and other factors.
If a male asks for divorce definitely he will have to pay more unless he can show that he is the victim.
Regards
Alimony to husband grants in exceptional circumstances. Right to alimony is right of women which cannot be claim by husband as a matter of right but by proving that even after extreme efforts he is unable to earn.
its better you both can resort to mutual divorce and settle the matter. yes you can object the application of your wife if she is earning.
Whether he files the divorce cse or you file a divorce case, alimony amount makes no difference because the claimant has to produce the documentary evidence about the income of the respondent in the claim for maintenance to enable the court to grant the quantum of alimony or maintenance amount accordingly.
Since you are employed and drawing salary, you may not be eligible for maintenance hence you may may claim maintenance only for your child provided you both are living separately away from each other.
It all depends on whom initiated the divorce, if it was by the husband, then absolutely, she is entitled to alimony and child support, the amount of which is determined by the court.
However if she initiated the divorce, then most probably no alimony for her , unless it was part of the divorce settlement, and child support depends on who gets to keep the children. In most cases if children are under 12 or 13 the mother almost always gets to keep them unless she decides she doesn’t want them. If she decides to keep them then they are entitled to child support.
It makes no difference whatsoever as to who is filing for divorce first.
Even if your wife is working, it does not make an immune to alimony or maintenance. She can still claim monthly maintenance amount from you, if she is unable to maintain yourself from our own her own income. Also, she can claim child support for the maintenance and welfare of the child from you. various other factors are also taken in account by the court, before ordering maintenance amount to a spouse.
Dear client
There is no difference in alimony as it doesn't depend on the fact that who have filed the divorce case.
Yes her income can effect her claims for maintenance but it depends on discretion of the court.
And whatever the case may be you have to give the maintenance for you daughter to your wife.
Hi
Greetings of the day.
1. In the Muslim law basically rarly alimony stand as it is always fixed in meher. And even if it eraised It does not depends who is filing the divorce case but eventually what wife is filing and asking in court and how her lawyer represent her case and your lawyer stands for the same.
2. The custody will definitely go with the wife because it's an girl child and only a 8months baby if your wife does not deny for custody.
All the best and regards
1. There is no difference in the quantum of alimony when either the husband or wife initiates divorce proceedings.
2. Alimony is granted based on the need and ability of the parties to pay, duration of the marriage, age, physical and emotional health of the parties, standard of living, earning capacity, etc.
3. Even though your wife is earning and can she afford the same standard of living after divorce, as she had during the subsistence of marriage. If your wife cannot afford the same standard of living after divorce, inspite of her being gainfully employed, then your wife will be entitled to alimony.
4. Since your daughter is only 8 months old, the custody of child has to be with the mother. However you will be entitled to visitation rights and you have to pay for maintenance of the child.