What Should I Do To Get Alimony From A Working Wife After Divorce?

The legal obligation to maintain one's spouse financially before or after a separation or divorce is known as spousal maintenance, often known as alimony or maintenance. The term "alimony," which is also referred to as "spousal support," technically denotes a legal duty placed on either spouse.

It is believed that both partners, regardless of gender, will be responsible for providing assistance for maintenance both during and after marriage. The weight of alimony might now fall on either the husband or the wife depending on their financial circumstances because modern society regards men and women equally. Men are more likely than women to give their ex-spouse interim support while a lawsuit is pending, despite the fact that both genders are equal before the law in today's society. Either spouse has the right to request alimony after the divorce. 

In India, men are typically the ones who foot the divorce settlement bill. The fundamentals of maintenance legislation are helpful because there are several exceptions. In this approach, financially capable women don't receive support and may even have to support their husbands if there is a split. If you are divorcing a partner who is unemployed, the court may consider whether this was agreed upon during the marriage or not when determining whether he should stay at home and care for the house and children while she is working.


For example, if a spouse is unemployed, he may petition the court for support as a major factor in the divorce. However, when the spouse is the non-working life partner, a sexual orientation tendency commonly exists. He is legally eligible for the same considerations as a wife who is unemployed. A Divorce Lawyer in Noida can be engaged to seek alimony from the spouse. 

Even the legal provisions regarding maintenance pendente lite and court costs are the same as those found in the Hindu Marriage Act of 1955. If the court determines during a proceeding under this Act that the wife or the husband, as the case may be, does not have an independent source of income sufficient for their support and the necessary costs of the proceeding, the court may, upon application by either party, order the other party to pay the costs of the proceeding and monthly expenses during the proceeding, taking into account both the petitioner's own income and the respondent's income, as the court may determine. 

The dependency on Circumstances for Alimony: 

A Divorce Lawyer in Kolkata can be hired to prove the circumstances that a husband
should receive alimony as the wife is working and is capable of earning a livelihood for herself. Both life partners have the right to make a claim for support after separation. Despite the fact that it is not an absolute right, the court may grant it based on the situation and financial situation of both life partners. The following are the prerequisites on which the court will give support:
  • If the life partner is already married to someone else and is now receiving support throughout the separation period, they are not eligible for alimony.
  • Even so, the divorce settlement's compensation may be altered in certain circumstances while taking the arguments for securing the backing into account.
  • In the case of a contentious divorce, life partners are unable to agree on alimony's definition or the appropriate payment amount. In these situations, the court has the task of deciding on the amount of support to be paid.
  • The court only steps out to alter the formal encircled support under particular convincing reasons. The court may occasionally assign an open body the burden of covering maintenance costs. 

When Husband Can Get Alimony:

In Gandhinagar, Gujarat, a family court ruled that a husband has the right to ask his wife for alimony if he is unable to support himself. In this instance, the husband requested support from the wife through a petition in family court. The wife used to play cricket and was teammates with Sachin Tendulkar in the Under 17 squad. He said that his wife had tortured him both physically and mentally. The court determined that the wife in this case is responsible for supporting her physically impaired husband because of a car accident. A monthly alimony payment of Rs 10,000 was made to the spouse. 

The ability to pay is a crucial consideration when determining the divorce settlement amount and whether support should be provided. There are many situations where one spouse urgently needs alimony as part of the divorce settlement, but the other spouse is unable to provide enough support. In a few instances, the spouse's inability to pay is brought on by their obligation to pay child support. A Divorce Lawyer in Mumbai can help to prove the circumstances that the husband is not capable of earning. 

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