Why should husband give Properties & Alimony to divorced wife?
A male devotee (Name hidden) asked like this:
“Hare Krishna prabhuji dandvat pranam, Happy new year to you. I have one doubt. I apologize if anyone is hurt with this but just as I am not aware, I am asking this question. Nowadays if divorce happens , wife can get half property of husband and whatever she owns already will be also with her. So the hard earned money or property of husband can go to wife within 2-3 years of marriage. So is it wrong to expect something from wife’s side in marriage.”
REPLY:
This is purely a misunderstanding gentleman.
Before replying, let me remind that Indian Scriptures do not speak about divorce between married couples. And, marital life depends on everyone’s karma. So, divorce is not the first option for any problem between husband and wife.
One is living with his wife and shares pleasures with her and receive services from her for a certain period.
Later, Some misunderstanding erupts between him and her and the decide to divorce.
(My husband is addicted to Social media. How to correct him? READ HERE!)
If the wife is not an earner, what will she do if he divorces her?
So, the law has given a certain arrangements that will help his ex-wife to lead a dignified life after divorce.
It is an obligation after marriage and divorce.
What about the working wife?
If the wife is earning very well, say, a government employee, the court may deny giving alimony to her. The husband can legally avoid giving alimony to ex-wife after divorce.
Or, if the wife does not have good earnings but has some earnings that are just sufficient to live but not upto the level of enjoying some extra facilities, she can claim alimony from husband.
In this case, the alimony will be less compared to the alimony given to the housewives who have no earnings.
In the case of housewives, the court may order to give the alimony upto 30% of his earnings to his ex-wife every month.
If the wife wants a lumpsum compensation for her future and if the husband is capable of giving the same, an one time alimony settlement will be ordered.
The purpose of giving properties and alimony to wife is to help the wife to have the same standard of living that her ex-husband has. If they have children, the court may order to pay for the studies and maintenance of children too.
And, it is need not be 50-50 share of properties in all cases. The court will evaluate the weath and financial position of both the wife and the husband before deciding a compenasation.
If the wife does not wish to get any alimony from her ex-husband, the court may order a mutual divorce without alimony.
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A few cases in which Alimony can be avoided by the husband:
The wife is financially self-sufficient;
She is Guilty of adultery;
She is involved in misconduct;
If the marriage was of short duration;
Prenuptial agreements;
Spouse having Hidden assets;
Mutual consent divorces without the demand of alimony.
The child may be ordered to live with the wife or husband depending on the gender of the child and also the financial and security conditions of husband and wife. Won’t she need money and properties to support that child? The husband is the main cause, ie, seed giver for the birth of the child. So, he is entitled to give support for the maintenance of his child by wife if the court orders the wife to keep the child with her.
The courts evaluate all the aspects before deciding the level of properties and alimony.
Not only the laws of countries, even our scriptures say that a husband should die or take sanyasa only after keeping sufficient money and properties for his wife that will be sufficient for running her life with dignity. They say that if a husband parts his wife without keeping sufficient wealth and money (resources) that makes that wife to violate for her living, the husband will be punished for being guilty of pushing his wife to follow immoral practices without having money for her living.
So, as per Sanatana dharma as well as the countries’ laws, the husband is obliged to give some properties and alimony (maintenance) to his ex-wife who has no sufficient earnings.
(What are the duties of husband in a marriage life? READ HERE!)
See, if such obligations are not implemented, the man will start to have short term relationships with women (and vice versa too) and escape without any responsibilities.
Marriage is a commitment; It is not a ‘pay once and use once’ type of relation. It is a commitment for long term life together as husband and wife and also children.
So, the husband should take it as if he is following a genuine system to protect the women from getting deceived.
So, my advice to you is: Accept that system and consider marriage as a commitment hereafter. See the ex-wives with dignity though they are the cause for divorce because you too might have been a reason for the wife to think of parting you.
She has lived with you for many days or weeks or months or years and has given herself to you and she also has given you children that are your next generation. So, you are obliged to support her after divorce. You just do your duties. Krishna will recognie your good intensions.
AN INTERESTING TAILPIECE:
What about a very well earning wife and non working husband who is living depending on the earnings of his wife?
In such cases in India, the wife has to give alimony for her husband from her good earnings, if the court finds so and if the husbadn demands.
Is divorcing drinking smoking and abusing husband permitted? READ HERE!