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
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?
Conclusion: Our Views
- 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
However, proving adultery is no easy task, as it necessitates genuine proof,
many witnesses, images, video, and a plethora of other incriminating evidence.
Get the Marriage Over With As Soon As PossibleThe 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.
If Wife Earns WellIf 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.
If You Prove That They Don't Need ItSome 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
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.
If You Have Physical DisabilitiesIf 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.
Change How You LiveBecause 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.
If Your Spouse Has Started Living With New PartnerWhen 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
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.
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