1 RESEARCH ARTICLE WRITING: ALIMONY AND ITS

INTERNATIONAL SCENARIO
[ M SAI NIHANTH REDDY ]

ABSTRACT: This research paper delves into the multifaceted

domain of alimony, shedding light on its historical context,
contemporary dynamics, and legal implications. Alimony, often
referred to as spousal support or maintenance, plays a pivotal role in
family law, yet it has undergone significant transformations over the
years.

The study begins by tracing the historical roots of alimony, exploring

its origins as a means to support dependent spouses. It then
investigates the contemporary landscape, highlighting the changing
societal norms, gender roles, and economic factors that have
reshaped the concept of alimony in recent decades.

A critical examination of legal frameworks across different

jurisdictions reveals the diverse approaches to determining alimony,
considering factors such as the length of the marriage, financial
contributions, and the recipient's capacity for self-sufficiency. The
paper also explores the impact of legislative reforms and court
decisions on the awarding of alimony, leading to more equitable and
flexible arrangements.

Furthermore, this research paper analyzes the implications of

evolving alimony trends on individuals, families, and society at large.
It addresses the financial and emotional consequences for both
paying and receiving spouses, as well as the potential influence of
alimony on post-divorce economic stability.

In conclusion, this comprehensive exploration of alimony offers

valuable insights into its historical significance, contemporary
adaptations, and legal intricacies. By examining the evolving
landscape of alimony, this research paper contributes to a deeper
understanding of its role in modern family law and its broader
societal implications.

INTRODUCTION: The term alimony is derived from

the Latin word ‘Alimonia’ which means sustenance. It is also referred
to as spousal support or maintenance. It is a legal obligation of a
partner to their spouse to provide financial support after the course
of a divorce. This financial support is based on the family laws of the
country. This alimony is decided based on the earning power and the
person economically dependent on the marriage.
There are mainly two types of alimony-
1 Given at the time of court proceedings- This is usually the
maintenance amount.
2 Given at the time of legal separation- This can be given either in a
lump sum or as a fixed monthly or quarterly payment or as per the
requirements of the spouse.

Many issues regarding maintenance in the Indian and foreign

scenario are to be discovered in this article and the countries which
supported and resisted such laws are brought to light.
Even the method to calculate alimony in INDIA is discussed followed
by various situations in which whether one of the spouses deserves
alimony is calculated.
2 MAINTENANCE LAWS ON LEGAL SEPARATION IN INDIA

Maintenance laws can be defined as the financial support that is

provided by one spouse to another after legal separation. In usual
cases, it is provided when a spouse is not capable of taking care of
his/her basic needs. The term basic needs include a wide scope of
things required in the daily life.
Basically, there are two types of maintenance laws, which include
the:

2.1 INTERIM MAINTENANCE AMOUNT THAT IS GIVEN WHILE THE

COURT PROCEEDINGS ARE ON AND THE FINAL AMOUNT THAT
IS GIVEN AT THE TIME OF LEGAL SEPARATION.

2.2 PERMANENT MAINTENANCE LAWS IS PROVIDED TO THE WIFE

OR HUSBAND UNDER SECTION 25 OF THE HINDU MARRIAGE
ACT FOR HIS OR HER SUPPORT AND SUSTENANCE. IN CASE THE
WIFE IS A WORKING WOMAN AND STILL, THERE IS A
CONSIDERABLE DIFFERENCE BETWEEN HER EARNINGS AND
THAT OF HER HUSBAND, SHE WILL STILL BE GRANTED
SUPPORT TO MAINTAIN THE SAME LIVING STANDARD AS HER
HUSBAND PROVIDED HER.

When the wife is not earning, the amount of money that shall be
given as alimony will be decided by taking into consideration her age,
educational qualifications and her ability to work or earn in the
future. In case the wife is earning and the husband is disabled or not
fit to work, the maintenance laws amount is granted to the husband
by the court. This shows the flexibility of maintenance to either of
the spouse.
3 BASIS FOR MAINTENANCE LAWS CALCULATION IN
INDIA BY COURT
There is no fixed formula or a certain amount decided on how much
maintenance each of the spouse has to pay. The maintenance laws
amount can be provided as a monthly or periodical payment or in
the form of a lump-sum amount as a one-time payment.
If the maintenance laws are being paid in the form of monthly
payments, the Supreme Court of India has set 25% of the net
monthly salary that should be granted to the wife by the husband. In
case, the maintenance laws are being paid in the form of a lump-sum
amount, it usually ranges between 1/5th to 1/3rd of the husband’s
total worth.
The other factors that are taken into consideration by the court while
calculating the maintenance laws amount include:
• Social status and living standard of both the parties.
• The income of both husband and wife and other assets including
properties
• Dependents and liabilities of the husband
• Child/children’s education and upbringing expenses
• Health state and age of both the parties
• The duration for which the couple has been married
• Behaviour and conduct of both the parties
Keeping in mind the range of factors and the specific circumstances
of each case, the court grants maintenance laws in accordance.
Hence, there are no set maintenance laws amounts as the situation
is different for every couple.
4 THINGS THAT BELONG TO A WIFE AFTER SEPARATION
According to the maintenance laws calculator in India, any type of
jewellery including gold, silver, alloy, and precious stones, fixed
assets such as property, and other assets such as cars, furniture,
paintings, appliances, and artifacts all belong to the wife. These could
be presented to her before, after or during the marriage.
In addition, gifts presented to her from anyone are her property too.
These could be from her husband, in-laws, relatives, friends and
acquaintances. The earnings of the wife before or after marriage are
also her property.
Basically, anything that is bought by the husband for the sake of his
wife will belon to her.

5 THINGS WIFE CAN NOT CLAIM AFTER SEPARATION

The wife does not have any right to any jewellery, valuables or gifts
gifted to the husband by the wife’s parents before, after or during
the marriage. Basically, it talks about the dowry that is give by the
father-in-law during marriage. Any asset that was bought by the
husband in the wife’s name, without passing it on as a gift, also does
not belong to the wife. If the wife has spent any of her earnings on
the household, those cannot be claimed.
In India, as per Laws of maintenance laws it can be provided to any
spouse. But in most cases, it is awarded to the wife by her husband.

6 NOW WE SHIFT OUR FOCUS TO THE STATUS OF ALIMONY

IN US AND HOW ITS JURISDICTION IS DECIDED IN THE
INTERNATIONAL ARENA:

Jurisdiction
According to the American Journal of Family Law, the first thing to
know while discussing about jurisdiction is that there are two kinds
of jurisdiction, and a court must have both to be able to hear a case.

6.1 TYPES OF JURISDICTION

The first kind of jurisdiction is subject matter jurisdiction, which is a

court's power to hear a certain case.
The second kind is personal jurisdiction, which is the power of the
court to make a binding decision for a person.
It explains that with many countries, the courts will have subject
matter jurisdiction over a divorce if the spouses meet certain
residency requirements as defined by the country's laws. Some
countries, however, do not have residency requirements, but instead
require another connection to the country to assert jurisdiction, such
as the marriage having occurred there, or that the couple resided in
the country at the time of the marriage.

6.2 PERSONAL JURISDICTION IN THE UNITED STATES

A country may have different rules for how to obtain personal

jurisdiction, but in the United States, a court has personal jurisdiction
if a person lives in the United States, if a person is served there, or if
a person consents to the court having jurisdiction. If none of those
situations applies, a court may still have personal jurisdiction if there
is a close enough connection between the spouse, the court, and the
subject matter of the lawsuit that it is reasonable for the court to
have jurisdiction over the person and the case. For example, if a
husband and wife live in separate states due to their jobs, a court in
the wife's state may still find that it has jurisdiction over the husband
due to the fact that he and the marriage have a significant
relationship with the wife's state of residence.

6.3 ASSET AND DEBT DIVISION

If the property of spouses is in several countries, asset and debt

division can become very tricky. If we end up divorcing in America,
the American court will value our international property to factor it
into your asset and debt division. However, this valuation must take
into account the laws and taxes of the country that the property is in.
Once the American court has valued that property according to the
rules of the country in which it is kept, the asset can be divided
according to the rules of the state whose court is performing the
divorce. Whether the court divides the property equitably or fifty-
fifty depends on whether the state is a community or equitable
property state.
However, it is noted that even when an asset is assigned to a
particular spouse, if the asset is international, it can be difficult to
enforce this ruling. Many countries won't enforce an international
divorce order, so any required property transfers won't be
completed unless both spouses do the necessary paperwork.

6.4 ALIMONY

Alimony, or spousal maintenance, decisions depend on which

country the divorce takes place in. If the divorce occurs in America,
the state laws and the individual judge will determine the amount of
alimony granted, if any. If the spouse who is awarded alimony lives in
another country, he will still have to pay American income tax on
said alimony unless exempt by a treaty. If the spouse who is required
to pay alimony lives in another country and decides to stop paying,
enforcing the court order can be tricky as you would either have to
attempt to have that spouse's country enforce the order, or
physically get the spouse into the United States to enforce the order
here.

7 A BASIC OVERVIEW ON LEGAL SEPARATION VIA

MUTUAL CONCERN
When a couple decides to get legal separation mutually, whether
maintenance laws or maintenance needs to be paid or not is decided
by them in agreement.
This amount of maintenance laws or sustenance is either granted to
the wife by the husband or to the husband by the wife. It is subject
to the agreement between the couple. The court, under the legal
separation maintenance rules, gives directives to the couple on the
mutual agreement. The couple is then legally bound to follow it .

8 COUNTRIES WITHOUT ALIMONY

There are countries around the world with no alimony laws. Here
are some of them:

8.1 JAPAN

In Japan, there is no alimony law. This means that if you move to

Japan after your divorce, you won’t have to pay alimony to your ex-
spouse. However, this doesn’t mean that you’re completely off the
hook. In Japan, child support is required until the child reaches the
age of 20.
8.2 NETHERLANDS

The Netherlands is another great country for those looking to avoid

alimony. There is no alimony law in the Netherlands. However, Dutch
law requires parents to financially support their children until they
reach the age of 21. This means you may still be required to pay child
support.

8.3 PHILIPPINES

In the Philippines, there is no alimony law. However, similar to the

Netherlands, parents are required to support their children until they
reach the age of 21. So, parents may still be required to pay child
support.

8.4 SAUDI ARABIA

Saudi Arabia is another country with no alimony law. However, the

concept of child support might be different here. In Saudi Arabia, the
father is responsible for providing for his children, regardless of
whether he is married or not. So, if you have children from previous
marriage, you may still be required to provide for them.

8.5 FINLAND

In Finland, there is no alimony law. However, child support is

required until the child reaches the age of 18. Finnish law also allows
the parents to come up with their child support agreement, as long
as it is in the best interest of the child.
 9 DIVORCE PROHIBITION IN THE
CASE STUDY:
PHILIPPINES: A SYSTEM SERVING THE PATRIARCHY
Aside from the theocratic nation of the Vatican, the Philippines is the
only country in the world where divorce is outlawed for all citizens,
except for Muslims.
Divorce being illegal in the Philippines combined with the lack of laws
addressing legal separation in couples creates many structural
barriers that prevent women from achieving economic
independence and having access to proper child support and a fair
division of assets. There are few options available if couples wish to
sever ties, the main one being an annulment. To have it approved,
one or both parties in a marriage must prove that they are
psychologically unfit for marriage, or that the woman is unable to
bear children. Legal separation is another option, which allows
parties to live apart, but does not legally end a union. For many
women, this option is extremely restrictive.
Women are the primary victims of the illegality of divorce because of
the lack of protections granted to them in the patriarchal legal and
societal system of the Philippines. Even though women make up
about 49.4% of the population in the Philippines, they only make up
34% of the workforce. Filipinas are rarely the main financial
providers for their families, and since annulments do not grant
protections for women or their children, many of them are stuck in
marriages to guarantee their livelihoods.

Even if a woman decides to accept the possible consequences of an

annulment or a legal separation, an uncontested annulment costs
about 500,000 Philipino pesos, or 8,998 U.S Dollars and 8,240 Euro.
This cost radically increases if the annulment is contested, along with
the fees attributed to the psychological evaluation.
10 CONCLUSION

In conclusion, this research has delved into the complex and

multifaceted landscape of alimony on an international scale. Our
exploration of the various legal frameworks, cultural perspectives,
and evolving trends across different countries has illuminated the
challenges and opportunities surrounding this financial support
system. While some nations are moving towards more equitable and
gender-neutral alimony arrangements, others still uphold traditional
norms. It is evident that the international scenario for alimony is
dynamic and continually adapting to socio-cultural, economic, and
legal changes.

As we move forward, it is crucial to recognize the significance of

harmonizing alimony laws across borders, fostering gender equality,
and ensuring that the needs of recipients and payors are met fairly.
This research underscores the need for ongoing dialogue and
cooperation among nations to create a more balanced and just
international landscape for alimony. It is our hope that this study
contributes to a better understanding of this complex issue and
serves as a catalyst for positive reforms on a global scale.

11 REFERENCES

1. https://oatuu.org/avoid-alimony-by-moving-overseas-a-
comprehensive-guide/

2. https://vakilsearch.com/blog/maintenance-laws-on-legal-
separation-in-india/
3. https://www.lovetoknow.com/life/relationships/international-
divorce-issues

4. https://lawjournaltv.com/