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How to avoid alimony in India?

Marriage is defined as the uniting of two people who stay together for the rest of their lives. However, occasionally circumstances prevent a couple from remaining together for the rest of their lives. According to the most recent statistics, the separation rate in India is steadily rising.

Divorce or separation has various parts, and one of the most essential aspects of divorce in India is alimony. Alimony In India can put a hardship on your finances. As a newly single person with only one source of income, you've already had to make significant adjustments to your monthly budget and lifestyle.

Down below we will discuss all the possible methods of how to legally avoid alimony or giving over large sums of money to your ex on a monthly basis.

First Of All, Let's Know What Are The Laws Associated With Alimony in India:

  • Section 125 of the Code of Criminal Procedure, 1973
  • Section 18 of the Hindu Adoptions and Maintenance Act, 1956
  • Section 25 of the Hindu Marriage Act, 1955
  • Section 37 of Special Marriage Act, 1954
  • Section 23 of the Hindu adoptions and maintenance act

Now let's discuss How to avoid Alimony in India?

  1. If the Wife is Accused of Adultery
    If the woman is proved to be unfaithful, the husband may be able to avoid paying alimony. Infidelity offers the counter partner an advantage, thus if the husband can prove his wife is cheating on him, he has the right to refuse to pay alimony.

    However, proving adultery is no easy task, as it necessitates genuine proof, many witnesses, images, video, and a plethora of other incriminating evidence.
     
  2. Get the Marriage Over With As Soon As Possible

    The quantity of alimony that a spouse pays will be determined by your state. However, the length of the marriage is a criterion that many governments evaluate. The longer a person has been married, the more probable he or she may be required to pay alimony. If you feel your marriage isn't going to work out, think about quitting it as soon as possible. Extending it further just results in additional emotional distress and longer-term alimony payments.
     
  3. If Wife Earns Well

    If the wife earns significantly more than the husband, the alimony portion of the agreement can be waived. However, the court's discretion is required.
    The court examines the property and incomes of both the wife and the husband. If the court discovers variance or believes the wife is capable of maintaining the same standard of life that the couple enjoyed throughout their marriage, the court can investigate the situation and avoid alimony.
     
  4. If You Prove That They Don't Need It

    Some spouses demand alimony payments for no other reason than vindictiveness, even if they do not require the funds to maintain their quality of living. Is your ex, for example, the owner of a big sum of money, such as a trust fund or a stock portfolio? Do they have a savings account or an inheritance? If this is the case, their inability to adapt to a single lifestyle may not be a factor. It's possible that your ex won't even require alimony to achieve this lifestyle shift.

    Make sure you check to see if your spouse has any assets in their name that could prevent you from having to pay alimony. To do so, you might want to hire a forensic accountant to assist you in tracking down this asset or assets. While accountants do charge a premium for their services, the expense will be well worth it if you avoid lengthy and expensive alimony fees.
     
  5. If You Have Physical Disabilities

    If the spouse is physically incapable of earning his own bread and butter, he may be exempt from paying alimony. In such instances, the court has the authority to order the wife to pay alimony. The court's judgment on alimony is influenced by your divorce case's representation. If you wish to avoid alimony, you'll need an experienced Divorce Lawyer In Gurgaon.
     
  6. Change How You Live

    Because of your divorce, you've probably already made some significant changes. It is uncommon for the higher-earning spouse to receive alimony payments, so now is a good time to think about how much money you really need to fund your monthly needs. If you earn more than your husband, you will almost certainly be required to pay alimony. Consider downgrading to avoid this financial bind a lower-paying job, for example, could be the answer.

    Reduce your salary and live frugally. You'll need to carefully plan and budget your way through, but with a little effort and assistance from friends and financial experts, you can avoid a lot of alimony headaches.
     
  7. If Your Spouse Has Started Living With New Partner

    When the receiving spouse starts living with a new partner or significant other, certain states will stop making alimony payments required. This information may be contained in the fine print of your divorce decree; for the greatest information, have your attorney read over the section about alimony payments with you.

    Keep watch of what your ex-spouse is up to when it comes to their relationships, as a new marriage will usually allow the payments to stop. Follow them on social media and through friends to keep an eye on them. Make sure you're informed of when your circumstances change so you can stop receiving alimony payments.

Conclusion: Our Views
There are a few viable options for avoiding alimony payments. They're all legal and ethical, which is the ideal course of action in this case. Not only will it be easier on your conscience, but it will also be in the best interests of the courts. Instead of risking a risky approach like quitting your job or, worse, filing for bankruptcy, you may want to employ one of the expert strategies outlined below to avoid making these payments.

The most important thing is to be wise and consider things thoroughly. To keep your money close to you and away from your ex-spouse, you must be willing to make some sacrifices in your life. If you can afford it, make any modifications you can.

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