Why should you hire a divorce lawyer to settle alimony-related issues
Settlement of alimony amount is mainly dependent on the income of the spouse (usually, the husband) who is paying the alimony. It may appear that it is a personal matter, but it is not that easy.
In a discussion with one of the eminent divorce lawyers in Gurgaon, it was revealed that alimony becomes one of the main reason to fight between the husband and the wife, even if it is a mutual consent divorce.
Even in mutual consent divorce, the husband may try to keep the amount as low as possible and make every effort to negotiate the amount in his favour. In such a situation, only an expert divorce lawyer with negotiation skill can curb down such effort.
If we see the legal front, as per the verdict was given by the Hon’ble Supreme Court, the benchmark of 25% was set. It means the maximum amount which a wife can claim as alimony should not be exceeding 25% of the total earning of the husband. Anyhow, the concept of alimony is to enable the wife to meet all the necessities, not the luxury.
For the contested divorce, most of the time, the alimony becomes a point of argument in Court between both the parties. In such a situation, it is needless to say that a lawyer is required to handle that matter.
Often the Court prefers that the parties, both in mutual and contested divorce fix the amount of alimony, in an out of Court settlement, and to conduct such settlement, along with both the parties, the lawyers representing them are required to be present. In this out of COurt settlement, the bargaining power of the divorce lawyer come in the rescue of your interest.
Though the Court believes that, the parties are the best persons to realise the need of the exact amount of alimony which is to be given, but even the negotiation process fails due to the rigidity of the parties or one of the parties. In such a situation, the party requires alimony, needs to establish a strong argument supporting the need for it.
One more factor, which many may not know, is that even the wives are liable to pay alimony to the husband under certain situation. The concept of alimony is based on the provision of maintenance under Sec. 125 of the Criminal Procedure Code, which says the spouse who is financially dependent on another, is liable to get maintenance.
In the present period, the women are eligible enough to support their own lives, and as the law is supporting the financially weaker and persons unable to earn themselves, the wives who are economically stable are not liable to get any alimony from the husband.
Moreover, if the husband is not earning, or physically or mentally unable to maintain himself, then the wife can not go totally unresponsive towards the ex-husband. The Court may pass n order on request of the husband, instructing the wife to pay an amount of alimony to the husband. In such a situation, the benchmark of 25% will be applicable.
Therefore, it must be clear to you now that the alimony is not a straight jacket formula, rather requires a deep analysis of the matter and negotiation skill, for which an eminent lawyer is better to be hired than repenting on unsuccessful bargaining.