Do working women still get alimony
Yes, working women are entitled to claim alimony in India.
Introduction
Alimony, also known as spousal support or maintenance, is a financial support one spouse may be ordered to pay to the other after a divorce. Its primary aim is to ensure that the financially weaker spouse is not left destitute after separation and can maintain a standard of living somewhat similar to that during the marriage.
Do Working Women Qualify?
The eligibility for alimony is not strictly determined by employment status. Instead, courts look at a variety of factors, including:
• Income disparity between spouses
• Length of the marriage
• Standard of living during the marriage
• Contributions made by each spouse (financial or otherwise)
• Childcare responsibilities
• Health and age of both parties
Even if a woman is working, she may still be awarded alimony if her income is significantly lower than her ex-husband’s, or if she gave up career opportunities during the marriage to support the family.
In India, the legal frame around alimony is designed to cover the financial stability and rights of consorts after divorce. Alimony, or marital support, is an important aspect of divorce agreements aimed at financial support for the mate who may face profitable rigorspost- separation.
Alimony and the legal framework
Under Indian law, both men and women can claim alimony, but it’s primarily designed to cover the economically weaker mate, anyhow of gender. Alimony is guided by several laws, including:-
1. The Hindu Marriage Act, 1955
2. The Special Marriage Act, 1954
3. The Indian Divorce Act, 1869
4. The Muslim Personal Law (Shariat) Application Act, 1937
Alimony can be awarded in two forms:
1.Lump-Sum Alimony:
• A one-time, fixed payment
• Not subject to future modifications
• Used to settle all future support obligations at once.
2.Periodic Alimony (Recurring Alimony):
• Paid at regular intervals (e.g., monthly)
• May be temporary (e.g., rehabilitative) or permanent
• Can be modified or terminated based on changed circumstances
Eligibility Criteria for a Working Wife to Claim Maintenance:
1. Insufficient Income for Maintenance
A working wife can claim maintenance if her income is not sufficient to maintain herself in the same standard of living she was accustomed to during marriage.
2. Standard of Living
Courts consider the standard of living during the marriage. If her current income cannot maintain that standard, she may be granted maintenance.
3. Husband’s Earning Capacity
The husband must have sufficient income and the capacity to pay. His income and liabilities are evaluated.
4. Dependent Children (if any)
If the wife is also responsible for the custody and care of children, the court may grant her maintenance for both herself and the children.
5. No Adultery or Cruelty by Wife
If the wife has deserted the husband without valid reason, or has been proven to have committed adultery, she may be disqualified from receiving maintenance under some statutes.
Legal Provisions Involved:
1. Section 125 CrPC (Criminal Procedure Code):
Even a working wife can claim maintenance if she is not able to maintain herself adequately.
2. Hindu Marriage Act, 1955 (Section 24 & 25):
Applies to Hindus. A working wife may be granted interim or permanent maintenance/alimony, considering income and circumstances.
3. Protection of Women from Domestic Violence Act, 2005:
Provides for monetary relief, including maintenance, even if the wife is working but facing abuse or financial deprivation.
4. Muslim Women (Protection of Rights on Divorce) Act, 1986:
Muslim women may claim maintenance during iddat period and, in some cases, even beyond (as per Supreme Court ruling in Shah Bano case).
CONCLUSION
In India, the right to claim alimony is not automatically negated by a woman’s employment status. What truly matters is whether she can maintain herself and the standard of living she enjoyed during marriage. Courts weigh several factors, such as income disparity, duration of marriage, financial or domestic contributions, and responsibility for children, before arriving at a decision. A working wife may still be eligible for maintenance if her earnings are insufficient or if she has sacrificed career opportunities for the family’s wellbeing. Thus, alimony serves as a protective financial mechanism to ensure fairness and support the economically weaker spouse, regardless of gender, in the aftermath of separation or divorce.
