Who Pays Alimony If No One Works?

Can I get alimony if my husband is unemployed?

Answers (2) Under section 24 of Hindu Marriage Act, even a husband can claim alimony from his wife if his income is petty or is unemployed. However, if the man is an able bodied person capable of working and is not working only to evade maintenance then the court may deny maintenance to him.

What happens if you don’t have money to pay alimony?

If the paying spouse does not pay alimony, then the court might order the money to directly be extracted from their regular paycheck. The court can also award the supported spouse a part of the paying spouse’s bank accounts or CDs or other assets which were declared at the time of divorce arrangement.

Is husband liable to maintenance if he is unemployed?

Even if Unemployed, the Husband has to Maintain his Wife and Child, Rules High Court. The High Court said the earning capacity of a husband can’t be lost sight of & accordingly ordered a man to pay maintenance to his estranged wife.

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Can a working wife claim maintenance?

Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc.

What happens if husband refuses to pay alimony?

What happens if the alimony is not paid on time? Once the court passes the order, the supporting spouse has to pay alimony within the timeline decided. If payments are not made in time, there are consequences; the court can take further action against the spouse, such as penalties.

Does living with someone affect alimony?

Yes. Cohabitation terminates alimony as long as the couple is living together on a continuing and conjugal basis. Paying spouse must file a motion for termination of alimony. The paying spouse can stop paying as of the date a court finds the cohabitation began.

Which states don’t have alimony?

The lack of alimony derives from the fact that after the divorce, both spouses are in the same financial situation, and neither has more or less asset to support the other. Community property states include New Mexico, Texas, Washington and Idaho.

What happens if my husband doesn’t pay maintenance?

In case the amount is not paid, orders of arrest and imprisonment may be passed against the respondent on that date. It noted that the man has been directed by the trial court and the decision upheld by the top court and the high court to pay money to his wife under two heads which include monthly maintenance of Rs.

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How do I divorce my unemployed husband?

If your husband is unemployed when you get a divorce, he may ask the court for alimony, or spousal support, as part of the divorce order. Courts have a wide array of discretion when it comes to alimony. Multiple factors are considered when determining whether spousal support is appropriate.

Can educated wife claim maintenance?

Though initially it was a misconception that a working woman is not entitled to claim maintenance since she has some substantial income and is able to maintain herself, but in view of the decision rendered by the Supreme Court in the said case it is evident that she can claim maintenance even though she is an earning

Do I have to give my wife money if we are separated?

If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

Is working wife entitled to husband’s salary?

As a wife, you also have the right to know the details of your husband’s salary, according to a 2018 ruling by the Madhya Pradesh High Court. You can explain to your husband the need to share financial information in case of any eventuality, be it death or disability.

Can we marry without divorce?

You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living. No matter even if the spouse agrees for that. Don’t get married while you have a spouse living.

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