In most of the legal proceedings of divorce, alimony is provided to the spouse who is economically dependent on the husband and is not able to generate income to look after her or the children.
The criteria of giving alimony include “earning capability and history, income and expenditure, debts and assets.”
However, there is rarely any provision to include “adultery and abuse” in the alimony amount. Hence there is an appeal from the lawmakers to construct a law which would ensure that anyone who abuses his wife and children before or during the process of divorce has to pay a price for the same.
A person who has established a relationship other than a legal partner whether it is physical or emotional or both also should be entitled to pay a price for the same.
There is a proposal to consider adultery or abuse or any such behavior as a “fault” and one has to make a payment for the same, though the emotional setback and pain can never be repaid.
Some experts have given counter statement that “Infidelity cannot be gauged by money and even if it can how does one fix the price for the same?”
In some places adultery, physical abuse, verbal abuse is included in the decision of alimony yet there are no fixed guidelines to map the road.
There is no way but discussion and documented prove to get an alimony higher or lower or even null. In spite of having a lot of discomforts in a relationship if one is not able to prove the same he or she might not get any alimony at all.
Lawmakers must understand the fact that there are many things which cannot be evidenced and supplied with proof. An abuse which has happened in the past and has no physical marks involve would surely be a tough job for the abuse to prove her pain.
Somebody who has been going through the pain of her love and trust being ditched but she is in no mental frame to prove the same with the help of documents. Also, she has no way to prove the same too so she is likely to lose upon the benefits of alimony. This would be a double torture for her as she is not only losing the relationship but also her means to survive.
Lawmakers should consider upon finding a way out to judge “adultery and abuse” as a part of alimony.