1. That you are entitled to alimony only if your husband leaves you or files for divorce. If you choose to separate from him for reasons like irreconcilable differences, the court will not be able to grant you alimony.
This is because you chose to leave him.
In case you leave him because he is ill-treating you, abusing you either physically or mentally or you have any other valid proof of torture that you can prove, then you will be granted alimony if you file for divorce.
2. If you are working and are able to support yourself and your children, the court may not grant you the alimony.
3. If you are working but your income is a small one and you find it difficult to sustain yourself and your children, then the court may grant you the alimony.
Claiming for Alimony
In case your ex-spouse is not paying the alimony and has been defaulting on the payments, you can approach a family court.
You can sue him under Section 125 of the IPC. This is the code of criminal procedure and any woman from any faith or religion can apply for the alimony that the husband has defaulted on.
If you are Hindu, you can apply for alimony under Section 24 of the Hindu Marriage Act.
Here you will have to provide a list of all your husband's earnings and investments. This way the court may then probably directly attach his salary or his property in an effort to make sure that you get your alimony payments.
The End of Your Alimony
You will not be entitled to any alimony in any of the following scenarios:
- If either one of you passes away
- If you get an increase in your regular source of income and the court finds that you do not need your husband to support you anymore
- If your spouse loses his job and cannot pay you any alimony
- If you re-marry
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