Divorce is a bitter experience that no one wants to go through. However, life does not always go the way we want. Sometimes, we need to take tough decisions in life and move ahead. One of those tough decisions is getting a divorce from the person with whom you once wanted to spend the rest of your life. However, if the situation has changed and you need to part ways, do it in a hassle-free way. Consult an expert divorce lawyer near Kolkata and make the entire journey smooth. Before you proceed with the divorce, you should know some factors that can influence your life after the divorce.
What can a wife claim in divorce?
In India, a wife can claim various things during the divorce settlement. These may include maintenance or alimony. This is a kind of financial support provided by the husband for the wife’s livelihood. The amount of maintenance or alimony depends on a lot of factors, such as the wife’s income, the husband’s income, child support and custody, the duration of the marriage, and so on. Apart from these, a wife can also claim custody of the children and a fair division of joint assets and properties acquired during the marriage. The specific claims and approvals may vary case by case. In order to learn more about what a wife claims in force, consult with an expert divorce lawyer in Kolkata.
Remember, the wife will be the sole owner of what she already owns, such as her jewelry, insurance policy, FDs, bonds, and other assets. She also has the right to get the jewelry back that was given to her during her marriage and is now in the custody of her in-laws.
Does the wife get 50% of the husband’s property after the divorce?
The property distribution or division during divorce in India is not automatically 50% split between two parties, i.e., husband and wife. The court needs to consider several factors, such as the financial status of both parties, their contributions during marriage, and the needs of any children involved. The wife can be entitled to a fair share of marital property, including assets acquired jointly during the marriage. The court ensures an equitable distribution based on the circumstances of the case for both parties and any dependent children.
What can a wife claim after divorce in India?
Even after divorce, a wife can claim certain rights, such as maintenance to support her livelihood, custody of children, and child support. If the alimony is paid on a monthly basis, it will be 25% of the net monthly salary of the husband (according to the Supreme Court of India). If it comes to paying the alimony at a time, it can be a lump-sum amount, and it may range between 1/5th and ⅓ of the husband’s total worth. In order to know what your rights are in a divorce, seek support from the best “divorce lawyer near me“.
Can a wife claim her husband’s property in divorce?
Yes, in India, a wife can claim her fair share of joint assets and properties acquired during the marriage. The Court will consider all the factors that we have mentioned earlier and then decide accordingly. Remember, a wife cannot claim her husband’s separate property unless it was acquired jointly. Consult with a “lady divorce lawyer near me” and know your fair share of the property.
- Both the amount and duration of alimony depend on the total length of the marriage. If a marriage has lasted for more than ten years, it may lead to lifelong alimony.
- The spouse’s age is also another important factor. A young recipient can get alimony or maintenance for a shorter period of time if the court thinks that she or he will soon be able to become financially sound.
- The court will consider the financial condition of both spouses. The higher-earning spouse may need to pay a heavy amount as alimony.
- If a spouse has a prosperous career, they can be liable to pay a high amount of alimony.
- If the husband or wife is suffering from poor health, the other one is subjected to paying high alimony to ensure the proper treatment and well-being of the other spouse.
We Can Help You to Find Divorce Lawyer near Kolkata?
Divorce is a stressful event in life and a phase of emotional turmoil. Don’t make harsh decisions; take time and consult with one of the top 10 divorce lawyers in Kolkata at ‘RD Lawyers & Associates Advocate Anulekha Maity (7003746750)‘ / ‘Advocate Shilpi Das AK Legal Advisors (9874371127)‘ / ‘RD Lawyers & Associates Advocate Puja Roy (7595880945)‘. Only an expert divorce lawyer near Kolkata can help you make the right decisions and complete the divorce procedure without taking a lot of time. For appointment booking or to learn more about us, dial RD Lawyers & Associates Advocate Anulekha Maity (7003746750)‘ / ‘Advocate Shilpi Das AK Legal Advisors (9874371127)‘ / ‘RD Lawyers & Associates Advocate Puja Roy (7595880945).