How do I know if I can receive Alimony?

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What are the Factors affecting Alimony?

Alimony is the financial claim in divorce proceedings granted as post-divorce maintenance by the Court.  Alimony is the right of the any party to the marriage to seek the maintenance after the proceedings of divorce; however the right of alimony is not absolute.  The court grants the alimony to the petitioner depending upon the financial position of parties to the divorce proceedings. When the marriage is solemnized as per their personal laws, that marriage is considered as the holy union, and according to the marriage customs,  each party to the marriage is obliged to perform their duties and obligations of marriage for their entire life even though they depart each other mentally or physically in their marriage life.

Please note the following situations that frequently we come across: 
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Court generally would not grant alimony if the Petitioner already receives the financial support in the divorce proceedings, however, such alimony can be revised based on the circumstances and grounds on which petition filed for alimony.

Factors that are considered by the Court while granting alimony are:
  • First of all, terms of the alimony determined based on their personal laws.
  • The next main factor would be the earning capacity of the parties.  The spouse, who has the high earning capacity and has the prospective carrier, would be liable to provide alimony to the other weaker spouse.
  • The alimony amount and time for which alimony to be granted may wholly depend on the age of the marriage, i.e. how long the marriage existed between them, and the health conditions of the spouse seeking alimony, in which case, the court ensure proper medical treatment in granting alimony.  If the marriage sustained between the parties for more than 10 years, the Petitioner may be granted alimony for his/her entire life.
  • If the Petitioner spouse is supposed to have a prospective carrier, then alimony would be granted for shorter period of time.
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By Anitha Gutti