Author: Tanu Rani Mahato, New Law College, Bharti Vidyapeeth
Linkedin Profile: https://www.linkedin.com/in/tanu-rani-mahato-8a7404292?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=android_app
TO THE POINT
Divorce or dissolution of marriage, is when a marriage is legally dissolved. It may occur if both parties mutually agree to separate or either of the spouse files a petition for divorce on certain grounds. When both parties consent, they negotiate how to split, such as the division of assets, who takes the children, and financial matters. With a contested divorce, one party does not concur with separation, and this usually requires the court to resolve issues. One of the key aspects that is usually addressed in divorce proceedings is alimony, or spousal support. Alimony is not mandated and is not automatic; rather, it is a type of a money support arrangement provided by a court based on some legal criteria. The purpose is to prevent severe financial issues for a spouse who may have depended on the other spouse for funds while married.
ABSTRACT
Marriage has evolved with time, and divorce and alimony laws have also evolved. Now, the attitude towards divorce has also shifted from one feeling guilty or blaming the other to considering fairness, personal freedom, and respect for one another. Nowadays, divorce cases incline towards amicable resolutions, honour people’s right to dissolve a marriage that is no longer benefiting their personal development or happiness. Alimony is no longer viewed in the classical sense where a spouse (most often the wife) was presumed to be economically reliant. Alimony is viewed more on an equal basis of need and not on the gender basis. Courts are interested in ensuring that any financial assistance provided is on an individual case basis and not through outdated stereotypes or assumptions. This article looks at how divorce and alimony are evolving in modern law and society. It looks at how the law is evolving to assist in achieving equitable outcomes, how attitudes among people are evolving, and how the legal process is evolving to accommodate the diversity and fluidity of modern life.
USE OF LEGAL JARGON
Alimony – Money paid from one ex-spouse to another by court order upon divorce.
Maintenance – Often used interchangeably but it is used for long term spousal support in law.
Post-marital standard of living – An expectation used as a legal standard to estimate the proper level of support after the divorce.
Prenuptial agreement and post nuptial– Legally enforceable contract entered into prior or after the marriage stipulating financial conditions
Waivable – Right to give up Voluntarily, e.g., right to alimony by pre-nuptial agreement.
Rehabilitative alimony – A type of alimony is given to a spouse till the time they are not self-sufficient.
Mediation- An informal settlement between the spouses outside the court.
THE PROOF
Alimony nowadays is far from what it used to be, reflecting the general transformation of society, the family, and the traditional roles of gender. As women have become more financially independent and domestic life more equal, alimony has evolved from a one-way financial burden to a negotiable and more balanced agreement. This shift not only reflects shifting gender expectations but also an increased understanding of personal responsibility and mutual contribution in marriage.
In previous decades, the common assumption was that the wife, usually the homemaker, was automatically eligible for permanent alimony, particularly if she had given up her career to raise the family. Courts generally adopted long-term support to promote economic security for the dependent spouse. But now this model is not followed.
Rehabilitative alimony is the most common type of alimony. This type of spousal support is time-limited and purposeful, and it is meant to supply money only until the recipient spouse achieves self-sufficiency. This could mean pursuing education, receiving vocational training, or rejoining the work force after a period of absence. The philosophy underlying rehabilitative alimony is one of personal responsibility and assumes that in the majority of cases both parties can become economically independent within a reasonable time after the termination of the marriage.
As alimony is not mandatory in nature, couples are allowed to waive alimony entirely in prenuptial or postnuptial contracts. So long as those agreements are reasonable, voluntarily made, and can be enforced under state law, courts tend to enforce such waivers. That provides more freedom to couples in planning their financial future and risk management prior to or within the marriage.
Apart from reforms through legislation, technology also has a fundamental role to play in alimony decisions and controversies. Courts are increasingly using methods like computerized financial analysis, online banking statements, and even social media use to determine the actual financial situation of each party. These methods are particularly effective in finding concealed assets or finding cohabitation with a new spouse or partner both of which can affect the level and length of alimony. For instance, if a person is discovered to be cohabiting with a new spouse who helps pay for their support, a court will eliminate or lower the alimony requirement.
As a response to the combative nature of classic divorce battles, legal reforms have also fostered the implementation of alternative methods of conflict resolution, like mediation and collaborative divorce. These approaches are intended to limit court wars and facilitate cooperative communication. They enable couples to negotiate collaboratively usually in conjunction with legal and financial advisors to work out mutually acceptable resolutions, including spousal support. This collaborative effort tends to lead to more harmonious results, decreases legal costs, and spares the emotional toll of a courtroom fight.
Even with these evolving changes, alimony continues to be controversial and debated. Some argue that abusive awards of alimony can lead to long-term dependency and discourage personal development or career advancement. Others say that insufficient support ignores sacrifice sometimes by women such as forgoing career aspirations or education to care for children or enable the other spouse’s career progression.
As more and more couples share financial responsibilities in marriage, courts increasingly see alimony as not an ongoing entitlement, but as a temporary aid. The trend is toward finding equilibrium, that is providing assistance to those in legitimate need, while expecting and even assisting self-reliance over the long haul. In such a changing legal and societal context, alimony has become less a matter of dependency and more a mechanism of transition, designed to foster fairness and dignity for each side following divorce.
CASE LAWS
Deepak vs. Anita (2012)- In this landmark case, the Supreme Court of India acknowledged that a husband is also entitled to claim maintenance under Section 24 of the Hindu Marriage Act,1955 (HMA), subject to his proving his financial dependence on his wife and her ability to support him. This decision created a landmark precedent for accepting a husband’s right to alimony under specified circumstances.
Rajnesh v. Neha, (2021): The Supreme Court has unequivocally formulated there is no formulaic process to determine maintenance, stressing a fair balancing of a variety of factors such as social and economic position of parties ,reasonable requirements of wife and dependent children ,qualifications and employment ,distinct income/assets ,matrimonial home standard of living .The Court stressed the above factors are only illustrative and not exhaustive, leaving some degrees of freedom to courts to weigh other relevant factors.
Kiran Jyot Maini v. Anish Pramod Patel, (2024): The Supreme Court held party status to be a material consideration, in which their social status, way of life, and financial situation are taken into consideration. The Court acknowledged that relinquishing professional prospects for domestic responsibilities (child-bearing, care of elderly) impacting career progress should be duly considered.
CONCLUSION
Divorce and alimony in modern times reflect a cultural shift towards justice, independence, and equality in law. Although divorce remains economic and emotional in nature, the law has shown increasing concern about bringing an end to long-term economic sufferings and ensuring equitable results for both parties. New divorce laws realize that both spouses can contribute in various ways throughout the marriage money, feelings, and maintenance and attempt to take these roles into account when determining support and dividing property. Alimony is no longer seen as for the rest of one’s life but as an interim measure to enable stability while acclimatizing to life post-marriage.
Modern legal standards acknowledge the transformation of family life, including two-income households, shared parenting roles, and other forms of partnerships. They allow both partners to have each other out of their lives while still providing temporary economic support if one needs time to regain independence again like returning to work or finishing school or training interrupted in marriage. The modern approach to divorce and alimony is founded on respect, justice, and a commitment to reduce injustice, enabling both individuals to start anew with dignity and security.
FAQS
1. How has alimony changed in recent years?
Alimony has transformed from permanent, gender-based awards to temporary, need-based, and rehabilitative forms.
2. Can men get alimony today?
Yes. Present law allows either of the spouses, whether male or female, to receive alimony based on need and earning capacity.
3. What is the role of technology in divorce cases?
Electronic evidence from social media, emails, or even money apps can be used as a tool to find financial capability or adultery.
4. Are prenuptial agreements enforceable?
Yes, provided that they are entered into voluntarily and disclosed in full, prenuptial agreements are enforceable in most legal systems.
5. How does cohabitation affect alimony?
After the alimony-receiving spouse begins to live with a new spouse, the courts are able to terminate or reduce the support, depending on the state.
