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What factors do courts consider while deciding maintenance or alimony in a divorce? Is there a fixed formula to determine the amount of maintenance or alimony?

Posted by jobseeker RUDRAPRATAP SINGH | Approved
Answers (1)

There is no fixed formula, but courts consider various factors:
a) Income, property, and earning capacity of both spouses
b) Standard of living during the marriage
c) Financial needs, debts, or responsibilities
d) Age, health, and physical condition of both spouses
e) Whether the spouse has custody of children
f) Duration of marriage and conduct of parties (e.g., cruelty, desertion) Based on these, courts usually award 1/3rd to 1/5th of the paying spouse’s net income. For example, if the husband earns ₹90,000/month, the court may order ₹30,000 as monthly maintenance to the wife, depending on her needs and his responsibilities.

Answered by jobseeker JYOTI MEENA | Approved

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