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Divorce & Property Rights: How much share does a wife get in husband's property? Experts clarify
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News18•02-10-2026, 13:57
Divorce & Property Rights: How much share does a wife get in husband's property? Experts clarify
- •A wife does not get a direct share in her husband's property after divorce; she can claim 'alimony' (maintenance) for her livelihood.
- •The notion that a husband must give 70% of his property to his wife after divorce is a misconception; no such 70% formula exists in law.
- •A wife's right to alimony does not completely end if she is employed; the court assesses if her income is sufficient for a dignified life.
- •Under Section 13B of the Hindu Marriage Act, in mutual consent divorce, both parties can decide the alimony amount or settlement.
- •Even if the child lives with the mother after divorce, the father is responsible for the child's upbringing and education expenses.
Key Questions Answered
There is no legal rule granting a wife direct ownership or a share in her husband's property solely because she is his wife. She can only receive property if both parties reach a mutual agreement where the husband agrees to give it as alimony.
No, it is a complete misconception that a husband must give 70% of his property to his wife after divorce. The court determines the alimony amount by evaluating the income, financial situation, and circumstances of both parties.
A wife's right to alimony does not automatically end simply because she is employed or earning. If her personal income is insufficient for a dignified living and her husband's income is much higher, the court may still grant her alimony.
