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Alimony Calculator India
 What is Alimony?

Alimony (Maintenance) is a legal obligation on a person to provide financial support to their spouse during or after
marital separation or divorce under divorce maintenance rules in India.
 Divorce alimony calculator India

There are two types of Alimony

• First is Interim Maintenance amount provided during
court proceedings
• Second is the amount provided on final legal separation
 Who is eligible for Alimony?

If a couple marries under the Hindu Marriage Act, 1955

Under the Hindu Marriage Act, 1955, both the husband and wife can legally claim permanent alimony and
maintenance under divorce alimony rules.
 Provision of Alimony under The Hindu Adoption and
Maintenance Act
Under Hindu Marriage Act – 1955, a Hindu wife can live independently from her husband without forfeiting her
claim to a maintenance, if the husband:

1. He is guilty of desertion or abandoning her without a proper cause. Without her consent or against her wish
or willfully neglecting her;
2. Has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful
or injurious to live with her husband;
3. Is suffering from a virulent form of leprosy;
4. Has any other wife living;
5. Keeps a mistress in the same house in which his wife is living or habitually resides with a mistress
elsewhere;
 Quantum of Alimony
When alimony is paid periodically
•The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a
husband to his estranged wife.
A one-time lump sum amount Alimony
•Under divorce alimony rules no lump-sum settlement benchmark exists. Although it ranges from 1/5th to 1/3rd of
the husband’s net worth and is a one-time settlement.
Taxability of Alimony
•Periodical payout: Alimony in the form of monthly/quarterly payouts is treated as revenue receipt and taxed in the
hands of the receiver. Added to her total income and taxed as per the tax bracket. No deductions are available for
the payer.
•Lump-sum – Lump sum alimony is treated as a capital receipt and hence is tax-free.
 What does not belong to a wife after separation?

• Any jewellery, like a gold chain or ring, and other valuables gifted to the husband by the wife’s parents.
Before, after and during the course of the marriage.
• Any asset bought by the husband in the wife’s name without passing it on as a gift.
• The wife’s earnings spent on the household is unclaimable.
 The law is equal for both and considers that the richer spouse must support for the
financially weaker spouse. It ensures the livelihood and wellbeing of a couple under
divorce maintenance rules as per the divorce alimony calculator in India.
 Taxolawgy
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