Divorce appears to be a feasible choice when a marriage fails.  Divorce is more complicated than it first appears, though.  It is extremely complex and has a full toll on both sides, from emotional upheaval to financial difficulties.
 
As women gain financial independence, the financial dynamics of modern marriages have changed. Even while the conventional alimony regulations have not changed, it is still unclear if women who earn more than men are still eligible to get alimony. We had a conversation with Advocate & Counsel Sr. siddharth Chandrashekhar.

Panel Counsel: niharika Karanjawala-Misra, Principal Associate at Karanjawala & Co., Directorate of GST Intelligence [DGGI], CBIC, Mumbai, and Department of Revenue Intelligence [DRI] to comprehend the mechanics of alimony.

Can A Woman Earning More Than Her husband Claim Alimony?
"Yes, but when this sort of income disparity is proven, it's extremely rare," siddharth Chandrashekhar remarked.  He further emphasized that alimony is determined by the standard of living maintained during the marriage.  Courts may grant the woman alimony if the man's income is much lower or nonexistent and he can demonstrate that he is unable to support himself.  In these situations, income inequality is vital.
 
"In some situations where a woman makes more money than her husband, her claim for alimony may be similar to asking a broke friend for a loan—technically feasible but practically unlikely," siddharth said.
 
 According to him, when judges consider both parties' financial independence, they may decide not to provide alimony to the spouse who makes more money.  A higher-earning woman requesting alimony may encounter skepticism in the maze of court processes.
 
Niharika emphasized that the court would decide on a fair amount of alimony to be paid after taking into account the parties' respective earning capacities and financial requirements.  A woman who earns more than her husband will often not be granted alimony by the court; but, if she is still granted custody of their children, the court may mandate child support payments.
 
Alimony Laws
"The financial need of the party seeking alimony and the financial capacity of the paying party are the primary measures on which alimony is determined," niharika stated.  When calculating the amount of alimony to be paid, additional factors such as earning capacity, employability, duration of marriage, and child custody are also taken into account.
 
 
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23/02/2025 11:58 AM