Traditionally, marriages were meant to last forever, and the husband and wife were considered one-in-law. Since ancient times, when women were not granted exposure to education and work, women had nothing in their name and solely relied on their husband's income for their survival. They were granted protection and sustenance under the wings of their husbands. But, in cases where the husbands wanted to separate from their wives and divorce was the only solution, women were granted a maintenance amount to support their living. Since then, the concept of maintenance has existed to support the financial standing of women.
Though the scenario has changed considerably these days, the idea of spousal support persists to help women sustain their lifestyle post-divorce. Here in this guide, you will get to know the reasons why women are awarded maintenance post-separation and the factors that influence the maintenance amount:
Why Should the Wife Be Awarded Maintenance?
●To dwell in the same living conditions as before post-divorce
●To prevent any chances of being homeless
●To support the education and other needs of children where kids are involved
●To have a source of income in case of dependent women who do not earn
●To compensate for the expenses and losses suffered during the marriage
Factors That Impact Wife's Entitlement To Maintenance
Multiple factors influence the decision of the court on granting the maintenance amount to wives during divorce proceedings; here are a few of them:
Husband's Financial Standing
The husband's financial capacity and ability to pay spousal support are major factors in deciding the maintenance amount. The court takes a deep dig at the husband's property, economic status, and source of income to determine the same. In cases wherein the husband does not have a job and is unemployed or experiences financial limitations, the court may grant a reduced alimony amount or deny any maintenance altogether.
Lifestyle and Needs of Wife
The financial needs, standard of living, and quality of life the wife leads during her marriage also play a crucial role in determining the maintenance amount. The court strives to ensure that the wife gets to lead a similar lifestyle even after separation by granting a maintenance amount that suffices her needs. May it be the housing needs, child education, healthcare, or other basic needs, the maintenance amount is decided, taking into consideration all such needs for the wife to sustain a similar lifestyle post-divorce.
Marriage Duration
Another critical factor that is taken into consideration is the marriage vintage. The duration a couple has been married plays a significant role in determining the maintenance amount. Longer marriages lead to being awarded with higher maintenance charges because the dependency of the wife on her husband is for a longer duration. On the contrary, if the length of the marriage has been short, the maintenance awards are usually less compared to maintenance awarded in longer marriage vintage.
Earning Potential of Wife
If the wife is not dependent on her husband and is an earning member or has the potential to earn, the same is considered while assessing the maintenance settlement. However, this doesn't necessarily mean that the wife may not get maintenance if she is earning herself. She may still be eligible to be awarded a maintenance amount if her salary and other income sources are not sufficient to endure the same lifestyle she used to lead during the marriage tenure.
Dependents and Kids
Another significant factor in determining the maintenance amount is the dependents and kids who will stay with the wife post-divorce. Maintenance in such cases is awarded considering the well-being of the dependents as well. The husband may stand responsible for supporting the education, medical care, and other facilities required by the children.
Conclusion
Maintenance amount is crucial, especially for women who do not have any other income source and who have kids to raise. Thus, it is essential that they receive a fair entitlement to support their daily needs and lifestyle. Hiring a divorce lawyer in Gurgaon can be your best bet in such a case because they can effectively represent your claim and present accurate data about your daily needs, financial standing, dependents, and other factors that can earn you a fair settlement amount. Besides, they also offer expert advice and guide you through the intricacies of divorce proceedings while protecting your interests and safeguarding your future. So, get the legal support you need and hire a divorce lawyer to ensure a fair maintenance arrangement post-divorce.
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