I was sitting in the chambers of a lawyer friend when a client, a husband, came up for his matrimonial dispute. His wife was a working woman earning well, and a short marriage had knocked the doors of Court. The wife’s demand for huge alimony gave another blow to the husband. While attempts were being made for mutual settlement, the husband asked the lawyer – “Can working women get alimony from their husbands?”. A lot of people have this understanding that if a spouse is earning, they may not be entitled to maintenance. However, that is not necessary, and for a wife claiming maintenance from her husband, it is way more difficult.
For claiming maintenance from a spouse, there are personal laws and there are secular provisions. There are provisions which entitle financially dependent spouses to seek maintenance from their spouse, which means either husband or wife can seek maintenance. On the other hand, maintenance under BNSS does not extend any right to a husband. However, a wife can claim maintenance under BNSS if she is unable to maintain herself. Hence, the answer to “Can working women get alimony?” is a conditional YES! The wife has to claim before the Court that she has been financially dependent upon her husband, and has not been able to maintain herself during separation.
FAQs on Maintenance to Working Wife
Q. On what grounds can a wife ask for alimony?
A. As can be seen in various provisions for maintenance, a wife can seek maintenance from her husband. She only needs to claim that she has been unable to maintain herself due to financial dependence upon him. If she has custody of children, she also gets child support paid by the husband. There is no hard and fast rule for wife to prove her financial dependence. Even if she is working, the standard of life during marriage is often considered by Courts while assessing whether a wife is entitled to maintenance.
Q. Does wife get 50% after divorce?
A. There is a lot of misinformation that the wife takes away 50 percent share in the husband’s income or property. That is not the case. If we talk about numbers, the Apex Court had at some point mentioned 25% of husband’s salary to be given to wife as maintenance. Apart from that, she cannot claim any right on property owned by him, unless there is some rental income from the same, or she contributed something for the said property. If she is a working wife who contributed to household expenses and/or asset building, in that case she may be entitled to 50% shares on divorce.
Q. Does working wife have right on husband’s salary?
A. There is no law which disentitles a working wife from seeking maintenance from her husband. A wife per se cannot claim a right on husband’s salary. However, if the wife is not earning enough to support herself and had been financially dependent upon her husband, the Court may order the husband to give a certain portion of his salary as maintenance. It’s less about working wife and more about liability of one spouse towards financially dependent spouse.
Q. Does husband have to pay alimony after divorce?
A. If we look at this theoretically, the husband is not necessarily liable to pay alimony to the wife. However, practically speaking, the husband is forced into paying alimony to wife if he wants mutual consent divorce. It is rare that the wife goes out of a marriage without suing the husband and his family for dowry, domestic violence, etc., or taking a hefty amount in alimony. A highly qualified and educated wife may be denied maintenance if she deliberately avoids working to get maintenance from her husband.
Q. Is wife entitled for maintenance even if she is working?
A. As discussed earlier, working wife does not mean that she is earning enough to support herself, or to match the standard of living as she was in her matrimonial home. Courts mostly look at the assets and liabilities of both the spouses. The affidavit format in Rajnesh vs Neha helps disclosure of assets for Courts to decide maintenance in case of working or non-working spouses.
Q. When can maintenance be denied to wife?
A. There are several instances when wife is not entitled to maintenance from husband. If wife commits adultery, or deserts husband without any valid reason, BNSS denies maintenance to such a wife. If it is a second wife or one who was not legally married, maintenance may be denied. If the wife is working and earning an income equivalent to that of the husband, the Court may not order the husband to pay maintenance to his wife.
Q. Can a husband claim maintenance from his wife?
A. A husband who has been financially dependent upon his wife can claim maintenance from her. There are certain gender neutral provisions in this regard. In fact, a husband who is physically disabled, and cannot earn a livelihood, while his wife earns, he may seek maintenance from his wife.
