Apni Law Staff asked 2 years ago
My wife, a Master’s degree holder in Commerce, worked for a while before our marriage, earning a modest salary. She comes from a lower-income background, though this wasn’t a factor when we wed. I own a 2-bedroom home purchased before marriage, with most of the loan repaid. It took me a decade of saving to achieve this. We’ve been married for 18 months, and I’m considering divorce – either mutual or contested. My priority is peace of mind, not money. Will I be forced to share half my income and my home? I’ve heard alimony doesn’t consider the marriage duration.
Best Answer
Apni Law Staff answered 2 years ago
Indian law doesn’t automatically mandate a 50/50 split of income and assets during divorce. While your wife’s pre-marital income and your decade of savings are considered, the court will assess your individual contributions, earning capacity, and marital lifestyle to determine an equitable division of assets and alimony, if applicable. The duration of your marriage will be factored in, and alimony is not necessarily awarded solely based on marriage duration but also on the wife’s financial needs and earning potential.
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