.jpg)
Recent rumors of a potential divorce between cricketer Hardik Pandya and model Natasa Stankovic have grabbed public attention, highlighting alimony in India. Some reports suggest Natasa may seek a substantial amount in alimony, though neither has confirmed the divorce or alleged settlement terms.
Alimony, or spousal support, is a legal obligation for a partner to provide financial assistance to their spouse upon separation or divorce. Alimony has been seen as a means to support wives who have sacrificed career opportunities and financial independence for the sake of marriage and family. However, as more women pursue education and employment, the landscape is evolving.In India, alimony or spousal support is determined by several factors, regardless of whether the recipient is a working woman. Key laws governing alimony include the Hindu Marriage Act, Special Marriage Act, Indian Divorce Act, Muslim Women Act, and Parsi Marriage and Divorce Act.
Courts consider various factors in alimony decisions, such as both spouses' incomes and properties, their standard of living during the marriage, their ages and health, the duration of the marriage, and the custody and needs of children. Even if a woman is working, she might receive alimony if there is a significant income difference between the spouses.
However, if she can support herself, the alimony might be less or none. Courts aim to be fair, often providing temporary support to help women become financially independent. Alimony decisions depend on the specifics of each case, past legal judgments, and sometimes negotiated settlements between the spouses. The goal is to ensure neither spouse faces financial difficulties after separation.The amount can be paid as a lump sum or on a monthly basis, depending on the case.
Even if a woman is working, she might get alimony if there is a significant income difference between the spouses. However, if she can support herself, the alimony might be less or none. Courts aim to be fair, often providing temporary support to help women become financially independent. Alimony decisions depend on each case's specifics, past legal judgments, and sometimes negotiated settlements between the spouses.
"The goal is to ensure neither spouse faces financial difficulties after the separation,” said Piyush Tiwari, Associate, TAS Law.
“Keeping detailed records of assets owned before marriage, using trusts to manage assets, and maintaining separate bank accounts can help distinguish personal wealth from marital property. Regularly updating estate plans and seeking advice from a family law expert are also crucial steps. These measures can help ensure personal assets are protected and facilitate a fair resolution during divorce proceedings,” said Tiwari.One of the ways to protect the assets during separation is a prenuptial agreement, a contract outlining how finances will be handled in a split. This is not common in India yet, but it is a powerful tool if both partners agree to it before marriage which can make the process of separation smooth. But it is important to note that prenups are not legally enforceable and can be challenged by a partner in a court.
"Further, keeping clear and detailed records of asset ownership before marriage, like property or investments, will also help prove that the particular assets owned are separate from marital assets. Another option is to create a trust, which puts the assets in the hands of a trustee who can manage them to benefit the specific beneficiaries and keep them separate from the marital estate. Even something simple like having separate bank accounts can make a difference. By taking these steps, a person can safeguard his or her finances and potentially reach a fairer agreement if things don't work out after marriage," said Tiwari.
“The education and qualification of a working woman do not automatically bar her from claiming maintenance, alimony, or similar relief. However, these factors become significant when examining whether she is entitled to the claim she seeks. The courts have, time after time, upheld that a well-educated spouse is not entitled to maintenance and other monetary assistance sought from the husband; however, that is dependent upon the facts of each particular case,” said Ankur Mahindro, Managing Partner, Kred Jure.
“Protecting one’s own assets in the event of divorce requires careful planning well ahead of time. This is especially important for husbands, as women can claim anything and everything as 'Streedhan,' which includes all gifts received by the bride/wife during the wedding ceremony and marriage, besides all that she has earned,” said Shashank Agarwal, Advocate at Delhi High Court.
As societal and economic dynamics shift, the rules and interpretations around alimony continue to adapt, aiming to balance fairness and financial stability for both parties involved
Comments
Post a Comment