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How Much Alimony Can Your Partner Legally Claim After A Divorce? Know Your Rights
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Knowing alimony, spousal, and child support rules in India is vital. Both parties should assess assets, liabilities, joint property, accounts, investments, and loans
Hiring a divorce lawyer to protect financial interests and a financial planner for post-divorce financial planning is recommended. (Representative/News18 Bangla)
Amid the emotional turmoil of divorce, many individuals face the added concern of alimony, which can bring significant financial implications. Courts step in to provide this support, aiming to ease the financial strain and ensure stability for the affected spouse.
In India, alimony is governed by various personal laws and the Code of Criminal Procedure, 1973 (CrPC), ensuring that financially weaker spouses can maintain a life of minimum dignity post-separation. The form of alimony can vary based on case specifics.
Types Of Alimony:
- Permanent Alimony: This is extended to spouses who require ongoing financial support post-divorce, ceasing only upon the recipient’s remarriage or death, as stipulated under Section 25 of the Hindu Marriage Act, 1955, and other personal laws.
- Temporary Alimony/Interim Maintenance: Provided during divorce proceedings, it covers legal fees, living expenses, and other related costs, according to Section 24 of the Hindu Marriage Act, 1955, and Section 125 of the CrPC.
- Rehabilitative Alimony: Offered for a limited period, it aims to help the financially weaker spouse become self-sufficient, often through education or employment opportunities.
- Reimbursement/Compensatory Alimony: This compensates a spouse who sacrificed career opportunities for family obligations. Equitable principles guide its provision.
- Lump Sum Alimony: A one-time payment that spares the recipient from monthly legal battles, allowing them to settle debts, purchase property, or fulfil other needs.
- Nominal Alimony: A minimal amount set to preserve the legal right to claim more significant support in the future, used when immediate financial need is absent but anticipated.
Alimony Under Various Personal Laws
- Hindu Law: The Hindu Marriage Act, 1955 (Sections 24 and 25) covers interim and permanent alimony.
- Muslim Law: Alimony is paid during the iddat period post-divorce as per Sharia law and the Muslim Women (Protection of Right to Divorce) Act.
- Christian Law: The Indian Divorce Act, 1869 (Sections 36 and 37) governs alimony for Christian spouses.
- Parsi Law: The Parsi Marriage and Divorce Act, 1936 provides for maintenance both during and post-divorce.
- Special Marriage Act, 1954: Applicable to inter-religious marriages, it permits maintenance under Sections 36 and 37.
Future Earning Capacity
The ability to earn in the future, even if currently unemployed, affects alimony amounts. Courts encourage self-reliance, as seen in Kalyan De Chowdhury v. Rita De Chowdhury, (2017) 14 SCC 200.
Income Disclosure And Special Needs
In a notable case, the Jharkhand High Court increased a wife’s monthly maintenance to Rs. 90,000 after RTI findings revealed the husband’s income. The court also acknowledged the special needs of the couple’s autistic child, factoring in the mother’s full-time caregiving role.
Understanding alimony, spousal support, and child support under Indian law is crucial. Both parties must evaluate their assets and liabilities, including jointly owned property, bank accounts, investments, jewellery, and vehicles, as well as joint liabilities like loans. Removing one’s name from joint loans or credit cards is advisable to avoid future liabilities.
For financially dependent individuals, budgeting for post-divorce living expenses is essential. Opening a separate bank account, updating nominees on insurance and investment portfolios, and planning finances to manage alimony payments are important steps. Alimony received in lump sums is tax-free, whereas monthly payments are taxable. Understanding capital gains tax on donated property is also necessary.
Child support for education, health, and daily expenses must be decided, considering the custodial parent’s role. Updating wills, insurance policies, bank nominations, and property documents to exclude the ex-spouse might be necessary. Ensuring all financial settlements are documented in the divorce decree is critical.
Hiring a divorce lawyer to protect financial interests and a financial planner for post-divorce financial planning is recommended. Saving and investing for long-term security, acquiring new skills, and seeking employment or business opportunities can help rebuild a financially independent life post-divorce.
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UniQure needs to run another study to prove that its gene therapy “actually helps people with Huntington’s disease,” a senior U.S. Food and Drug Administration official said on a call with reporters Thursday.
The official, who requested anonymity before discussing sensitive information, confirmed the agency has asked the company to run a placebo controlled trial of its treatment, which is administered directly into the brain. UniQure has said that type of study isn’t ethical because it would require putting people under general anesthesia for hours, a characterization the official disputed.
“So what is really going on? UniQure is the latest company to make a failed therapy for Huntington’s patients,” the official said. “They likely acknowledge or understand at some deep level that their trial failed years ago, and instead of doing the right thing and running the correct clinical study, UniQure is performing a distorted or manipulated comparison in the mind of FDA.”
The comments mark the latest development in a messy public spat between UniQure and the FDA, and as the agency comes under fire for a number of recent drug approval application rejections, including some where companies have accused it of going back on previous guidance. FDA Commissioner Marty Makary in an interview with CNBC’s Becky Quick last week seemingly criticized UniQure’s gene therapy for Huntington’s disease. Makary didn’t name UniQure but described its treatment.
UniQure then accused the FDA of reversing its stance that the company’s clinical trial data would be sufficient to seek approval. UniQure’s study used an outside database to measure how patients with Huntington’s disease might decline without treatment, known as an external control. UniQure has said it wouldn’t be feasible to run a true randomized, double-blind placebo-controlled study, considered the gold standard, because it wouldn’t be ethical to make people undergo a sham hours-long brain surgery.
The FDA official said the agency “never agreed to accept this distorted comparison” and the FDA “never makes such assurances.” Instead, the “FDA will always say, ‘Well, we have to see the data when we get it.'”
UniQure didn’t immediately comment.
The company’s stock rose more than 10% on Thursday and has fallen 58% this year as of Thursday afternoon.
The Oil and Gas Regulatory Authority (Ogra) on Thursday warned of strict action against any individual or entity found involved in the illegal hoarding of petroleum products at unauthorised locations, particularly at places other than duly licensed oil depots and retail outlets of Oil Marketing Companies (OMCs).
In a statement, an Ogra spokesperson said: “Any premises found involved in the illegal storage of petroleum products will be sealed.”
The spokesperson assured the public that the country currently holds sufficient stocks of petroleum products to meet national demand and that there is no need for panic buying or hoarding.
In view of the prevailing geopolitical situation, the official said that the authorities are closely monitoring the petroleum supply chain to ensure the uninterrupted availability of products across the country.
“The existing stock position remains comfortable and well within the prescribed requirements,” read the statement.
Reports have indicated that certain elements may attempt to hoard petroleum products for profiteering under such circumstances, the spokesperson said, adding: “To curb such practices, all provincial chief secretaries have been requested to direct deputy commissioners (DCs) to conduct inspections within their respective jurisdictions.”
Meanwhile, teams of Ogra are actively monitoring the situation in the field, the official added.
Inspections are being carried out at oil depots and retail outlets to ensure the smooth supply of petroleum products and to prevent any malpractice, read the statement.
Ogra advised the public not to pay attention to rumours and to maintain normal consumption patterns, as the petroleum supply situation in the country remains stable.
Uninterrupted petroleum supply top priority: FinMin
Separately, Finance Minister Muhammad Aurangzeb has said that ensuring uninterrupted availability of petroleum products across the country is the government’s top priority.
The finance czar made the remarks while chairing a meeting of the committee to Monitor Petrol Prices in the Wake of the Emerging Situation in the region, constituted by Prime Minister Shehbaz Sharif, in Islamabad today.
The committee was briefed that national reserves remain at comfortable levels, with sufficient cover available for key products, and that there is no immediate cause for concern regarding the availability of petroleum products.
It reviewed multiple supply and pricing scenarios to ensure preparedness under different contingencies and to maintain stability in domestic energy supplies.
The committee will finalise its recommendations by tomorrow for onward submission to the prime minister.
It will continue to meet on a daily basis to monitor developments, review stock positions and supply chain movements, and ensure timely execution across all stakeholders.
The committee also noted that “war premium” dynamics and intensified competition for energy cargoes, particularly in Asian markets, could raise external account pressures if volatility persists.
The body reviewed ongoing efforts to strengthen supply assurance through diversified sourcing and logistics arrangements.
The committee also considered shipping and operational measures to reduce time lags, including facilitation of timely berthing and the use of available national shipping capacity where feasible.
To safeguard orderly market conditions, the committee discussed measures to deter hoarding, illegal storage, and diversion, including coordinated enforcement actions by provincial administrations in close collaboration with the Ogra and relevant agencies.
The committee emphasised that preventing outward smuggling and ensuring uninterrupted domestic distribution will remain a top operational priority, and that real-time field intelligence and strict action against violations will be maintained.
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