When a marriage fails, divorce seems to be a viable option. However, divorce is not as simple as it seems. From emotional turmoil to financial issues, it is very complicated and takes a toll completely on both parties. In modern marriages, the financial dynamics have shifted as women are becoming financially independent. While the traditional alimony laws remain the same, the question arises: Are women still entitled to claim for alimony even when they are earning more than men? We spoke to Siddharth Chandrashekhar, Advocate & Counsel Sr. Panel Counsel: Department of Revenue Intelligence [DRI], Directorate of GST Intelligence [DGGI], CBIC, Mumbai and Niharika Karanjawala-Misra, Principal Associate at Karanjawala & Co. to understand this alimony dynamics.
Can A Woman Earning More Than Her Husband Claim Alimony?
Siddharth Chandrashekhar said, “Yes, but when this sort of income disparity is proved, it’s extremely rare.” He further highlighted that alimony depends on the lifestyle enjoyed during marriage. If the man earns significantly less or has no income and is prima facie able to prove to be unable to sustain himself, courts might award an amount of alimony to the woman. Income disparity is crucial in such cases.
Siddharth said, “In some cases where a woman earns more than her husband, her claim for alimony might resemble asking for a loan from a broke friend—technically possible but practically improbable.
He mentioned that courts assess the financial independence of both parties and in such scenarios, the scales may tip against awarding alimony to the higher-earning spouse. In the labyrinth of legal proceedings, a higher-earning wife seeking alimony may find her plea met with scepticism.
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Niharika highlighted that the Court, while considering the financial needs and earning capacity of both parties will determine a reasonable amount of alimony to be paid. Generally speaking, if the woman is earning more than the man, the court will be disinclined to grant her alimony; however, if custody of their children remains with her, then the court can make an order for child support payments.
Alimony Laws
Niharika said, “The primary measure on which alimony is determined is the financial need of the seeking party and the financial capacity of the paying party. Other considerations such as ability to earn, employability, length of the marriage and child custody are also factored in while determining the quantum of alimony to be paid.”
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