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KI’m a 35-year-old male (M35) living abroad and facing a potential divorce after 9 years of marriage. My wife and I are experiencing severe incompatibility, and it seems divorce is the only option.
Here are the key details:
Marriage Duration: 9 years
Children: None
Employment: Both of us are working and have good jobs. However, my income is 3-4 times higher than hers.
We started with roughly similar salaries but I have constantly unskilled myself and hence the disparityFinancial Contributions: For the past 6 years, I have covered all household expenses, including rent, travel, shopping, and entertainment. My wife has primarily paid for groceries and the maid.
Savings: As a result of this arrangement, we have roughly similar savings despite the income disparity.
Alimony Demand: My wife is demanding 50% of my accumulated savings as alimony.
Location: We have lived outside of India for the entire duration of our marriage.
My questions are:Given that we both have independent incomes and no children, am I legally obligated to pay alimony in India, even though we have been living abroad?
How does the fact that I covered the majority of household expenses for the past 6 years factor into alimony considerations?
Are there any legal strategies I can explore to minimize or avoid paying alimony in this situation?
Since we have been living outside India for the entire marriage, does Indian law still apply? If so what laws apply?
What documents will I need to gather to prepare for a divorce and any potential alimony proceedings?
Any advice or insights you can provide would be greatly appreciated. Thank you.
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UWas she working before and after marriage? Did her income dip after Marriage? If not and no kids, alimony might not apply. Separately be ready for any dowry stuff to return etc. Frankly if you can get out at 25-50% alimony from saved up money, you have a whole life to recover and look forward and make more. Collect documents to show all your major expenses like rentals etc. Where aRe her savings, make a counter claim on her savings to negotiate, just a few thoughts. Hoping the best for you and family. And spend properly on a good lawyer, that part will bleed.
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KShe was working in India before marriage and after marriage she got a transfer so she actually started earning a lot more
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USince it is 9 year old marriage the case of dowry isn’t applicable as the time period is of roughly 7 years in general sense.
Yes you have to pay alimony irrespective of how much you contributed during a married period.
You can avoid a majority of alimony part if you can prove your sustenance is crossing a certain threshold like 3/4 of your income.
Indian laws do apply, of what type would be better advised by a good family court lawyer. Do ping me if it’s in uttar pradesh.
You can take instant divorce with minimal alimony if you can prove wife was cruel and it’s extremly difficult.
Most sensible thing is to settle off court and head for a mutual divorce and start from scratch with fresh energy (personal experience)
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SGood points, one minor nitpick is that dowry case is applicable beyond those timelines, there are judgements bending such conventions.
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UTake divorce outside only not in India. Courts there will hear you atleast and provide a sane judgement. Indian courts are women biased
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KIf the marriage was conducted in India then even if you do this, it’s not valid. Foreign courts don’t have jurisdiction in the place where the marriage was solemnised
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UYes they have. Divorced in US is accepted in India too. Although you have to notify the court in India. Dont speak things you dont know
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KThat divorce can be challenged anytime in the future in India.
And what’s the need to be hostile for something so trivial?
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UDont beat around the bush. Are you a NRI? I am. I have seen my friends go through this. If you dont know about a topic pls keep quiet
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NIt can only be done abroad if both parties consent to foreign court jurisdiction. But the foreign decree can be challenged in india if one of the parties doesn’t consent. So only if it’s mutual it makes sense to divorce abroad. Also if they need to remarry in india then they would require a divorce decree from an Indian court and would need to apply for the decree here as well.
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KNAL
Matrimonial cases rarely get settled in court in India. It’s always settled mutually or through mediation. So you will have to pay what you mutually agree. Get a good lawyer who can negotiate a good deal for you. Or if you’re ok get one who will drag things in court which frustrates the other party bringing them to the negotiating table. If you’re able to show with evidence that you and her have similar savings it’ll help your case
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P1. Indian laws are still applicable to you, if you or your wife wishes to get divorced in India. This is because you got married in India and it looks like you still have Indian citizenship/ Passport. However it is up to you, if the country where you live in allows you to get divorced there.
2. If you are doing so, make sure your wife also has representation and she also participates in the proceedings. Some of the countries, straight away divide the assets into half i.e. 50% after considering couple’s assets. Before you proceed check for these.
3. In India there is no straight jacket formula to divide assets. Here the courts take into account the assets and liabilities of both the parties and orders accordingly. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
4. If your wife is willing to go for a Mutual Divorce, you both need to finalize the terms and conditions of divorce by yourselves. The living conditions of both ought not to be deteriorated due to divorce. It is advisable that you both have a healthy discussion on how you are planning to move ahead. E.g. If wife has to move out of the house, she may need financial assistance to find a new accommodation with all the essentials. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
5. While Mutual Divorce is an easy way out, contested divorce could be applied for when you & your wife unable come to consensus. But you need to find a ground based on which you have to file the case. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
For further clarification please consult us [https://g.co/kgs/9FCZdj3](https://g.co/kgs/9FCZdj3)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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UWhy is she even demanding money as alimony now? You both contributed to expenses while living together, and now that you both want to live separately, each of you should ideally take care of your own expenses.
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KIt’s difficult to logic with her right now
She has always been a strong feminist so I was under the impression that no money exchange would be required, given both earned and neither of us cooked or cleaned (we’ve always had full time help) -
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KNAL
Here are some basic pointers to fighting a civil case in India.
In this case your disadvantage is laws in India favour women. I don’t know if it applies to you but she can make all sorts of allegations and get away with it in the short run.
Hire a good lawyer who can drag the case at least five – ten years. It will give you leverage.
Know that lawyers are difficult to control, very expensive and might sell you out to the other side.
If you are very cool and calm you can drag it out for 10 years or more. I recently dragged out a civil case for 13.5 years in lower court (not a divorce case). Ultimately I gave up and reached a settlement because my lawyer screwed me over.
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VThis will entirely depend on the ground for divorce. If you are seeking divorce on the ground for adultery then you could be saved or else fight the case in court. Let the court decide and it will be lesser than what she is claiming.
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