When husband and wife are going through the process of divorce or separation husband has to pay the maintenance in the form of money to support the financial needs of the spouse during or after the separation or divorce. The maintenance that the husband pays is called alimony and there are certain things that you need to know about it if you are going through a divorce.
Laws That Govern Alimony:
Alimony in Pakistan is governed by Muslim Family Laws Ordinance, of 1961, and the Family Courts Act, of 1964. These laws establish the foundation for wife maintenance and its fair process when husband and wife go their separate ways. These laws have proved to be beneficial in ensuring a reliable alimony legal framework.
Types of Alimony
There are two main types of alimony in Pakistan:
- Interim Maintenance:
This type of Spousal support comes under alimony and is considered as a temporary kind of financial support from one spouse to another. This Spouse maintenance is provided during the process of divorce. The main aim of providing such support is to make the spouse financially stable until the divorce is official and has been finalized.
- Permanent Maintenance:
This type of wife alimony comes under the permanent kind of maintenance as it will be provided for the whole life. Suppose a husband divorces his wife if the court orders him to provide maintenance to his wife after the divorce this kind of maintenance will be permanent wife maintenance. This is awarded after the divorce has been finalized. The support can be in the form of regular payments or a lump sum, depending on the court’s decision.
Eligibility criteria for Alimony
In general, alimony is awarded depending on several key factors. First, the spouse seeking alimony must have demonstrated financial need for living expenses, healthcare, and education, to mention but a few. Second, the financial capability of the paying spouse is considered, namely, income, assets, and overall financial standing. Finally, the behaviour of both parties during the marriage and the divorce proceedings often influences the decision of the court on whether to grant alimony and in what amount.
What Will Be The Amount of Alimony?
The amount of maintenance and alimony is something that he fixed. The maintenance amount can be fixed depending on different factors and varies from person to person. The points on which the amount of alimony depends are as follows.
- The conditions of the divorce
- The court’s decision
- The provider’s financial situation
- Presence and absence of kids
How to file for alimony?
The applicant of alimony has to file a petition to the appropriate family court. A hearing is scheduled where both parties can give their respective cases. The petitioner has to prove that the financial need is on the applicant’s side, and the respondent has to present evidence for being able to pay. The family court makes a decision based on such evidence concerning the amount or terms for alimony.