Divorce rumors about Hardik Pandya and Natasa Stankovic: What maintenance rules apply to working women in India?

Recent rumours of a possible divorce between cricketer Hardik Pandya and model Natasa Stankovic have grabbed public attention and brought the alimony case into focus in India. Some reports suggest that Natasa might demand a sizable amount in alimony, although neither of the two has confirmed the divorce or the alleged terms of the settlement.

Alimony or spousal support is a legal obligation of one partner to financially support their spouse in the event of a separation or divorce. Alimony has been seen as a means of supporting wives who have sacrificed career opportunities and financial independence for the sake of marriage and family. However, as more women pursue education and employment, the situation is changing.

In India, alimony or spousal maintenance is determined by several factors, regardless of whether the recipient is a working woman. The major laws that govern maintenance include the Hindu Marriage Act, the Special Marriage Act, the Indian Divorce Act, the Muslim Women Act and the Parsi Marriage and Divorce Act.

Courts consider a variety of factors when making alimony decisions, such as the income and assets of both spouses, their standard of living during the marriage, their age and health, the length of the marriage, and the custody and needs of the children. Even if a woman works, she may be able to receive alimony if there is a significant income difference between the spouses.

However, if she is able to support herself, the amount of alimony may be lower or non-existent. Courts try to be fair and often award women temporary support to help them become financially independent. Decisions about alimony depend on the specifics of the case, previous court rulings and sometimes negotiated agreements between the spouses. The goal is to ensure that neither spouse faces financial difficulties after the separation.

The amount can be paid out as a lump sum or monthly, depending on the case.

Even if a woman is employed, she may be able to receive alimony if there is a significant income difference between the spouses. However, if she is able to support herself, alimony may be less or non-existent. Courts try to be fair and often award women temporary support to help them become financially independent. Decisions about alimony depend on the specifics of the case, previous court rulings, and sometimes negotiated agreements between the spouses.

“The goal is to ensure that neither spouse faces financial difficulties after the separation,” said Piyush Tiwari, associate at TAS Law.

“Keeping detailed records of assets acquired before marriage, using trust funds to manage assets, and maintaining separate bank accounts can help distinguish personal assets from marital assets. Regularly updating estate planning and consulting with a family law expert are also important steps. These measures can help ensure personal assets are protected and facilitate a fair resolution during the divorce process,” Tiwari said.

One way to protect assets during a separation is through a prenuptial agreement, which is a contract that sets out how finances will be handled in the event of a separation. This is not yet common in India, but it is an effective tool if both partners agree before marriage, which can make the separation process smooth. However, it is important to note that prenuptial agreements are not legally enforceable and can be challenged by one partner in court.

“In addition, keeping a clear and detailed record of pre-marriage assets, such as real estate or investments, also helps prove that the respective assets are separate from the marital assets. Another option is to create a trust, which puts the assets in the hands of a trustee who can manage them for the benefit of the respective beneficiaries and keep them separate from the marital assets. Even something as simple as separate bank accounts can make a difference. By taking these steps, a person can protect their finances and potentially have a fairer arrangement if things don't work out after marriage,” Tiwari said.

“The education and qualifications of a working woman do not automatically preclude her from being entitled to maintenance, alimony or similar benefits. However, these factors become important in determining whether she is entitled to the benefit she seeks. The courts have consistently confirmed that a well-educated wife is not entitled to maintenance and other financial support she seeks from her husband, but this depends on the circumstances of each case,” said Ankur Mahindro, Managing Partner at Kred Jure.

“Protecting one's assets in case of divorce requires careful planning in advance. This is especially important for husbands as wives can claim anything and everything as 'Streedhan', which includes all the gifts received by the bride/wife during the wedding ceremony and marriage as well as anything she earned,” said Shashank Agarwal, a lawyer at the Delhi High Court.

As social and economic dynamics change, the rules and interpretations surrounding maintenance are continually being adapted to strike a balance between fairness and financial stability for both parties.