I got married on 27th Dec 2022 and separated on 7th Nov 2021. Our marriage lasted 10 months. I am living in the United States and wife is in India. Wife is threatening legal action and demanding hefty alimony for mutual consent divorce. Wife is capable of earning INR 50K a month and was working before marriage but not working now to leverage higher maintenance and alimony. Wife is from a very rich family with 2 houses and 2 cars, whereas I maintain my parents as well (68 and 65, no pension or income). How will an judge construe this and how much alimony can be granted if the matter goes to court? Marriage registered in Baroda (girl's residence).
Hello,
Alimony is decided on the basis of the demand raised and the documents in the support given by the wife, at the time of filing the suit.
If you are able to prove that she is deliberately not working then maintenance will not be easily granted to the wife.
Regards
What is your net income after taxes kindly clarify
it depends upon husband income ,wife income ,standard of living etc
The alimony depends on what lifestyle she was leading during marriage. You need to give the same standards of amount. If she is working then you can object to alimony application
The alimony or maintenance amount is not automatic along with the divorce petition.
She has to file for maintenance by a separate petition.
She has to prove your income by producing substantial documentary evidences to substantiate or justify her huge claim.
She may have to file an affidavit declaring her asset s and liabilities along with her maintenance application.
The court will instruct you also to file a similar affidavit.
The court will decide after analysing all the factors presented by both the sides.
As a matter of fact, if she is unemployed and having no source of income to sustain her expenses she would be entitled to some amount towards monthly maintenance.
Dear Client,
Your spouse can be ordered to pay you alimony if the judge finds that you were financially dependent on your spouse during the marriage. You can prove you were “dependent” if all of the following apply:
Even if you can prove you are “the dependent party,” there are still many factors a judge will consider when deciding if you will get alimony and how much you will get.
The court will determine how long you or the other party will receive alimony. If you have been married for 20 years or longer, there is no limit to how long you can receive alimony. However, if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage. For example, if you were married for 10 years, you could only collect alimony for up to 5 years.
So, in your case alimony cannot be granted and if so the judge considers it will not be so hefty amount.
Thank You
For mutual consent divorce, you and your wife should have separated for at least 1 year. You may have to give approximately 25% of your revenue towards alimony. In addition, she can demand hefty compensation which has no limits. You have to return all the gold ornaments/cash you received from the wife's side at the time of marriage.
It depends on the reason for not living together and at whose fault. If you can establish that you are not at fault you don't need to pay anything. Quantum varies case by case. It is not uniform. Court will decide.
