What Is Alimony: How Is It Calculated in India?

Ever wondered what happens when a woman’s financial security becomes uncertain after marriage ends? The story of Shah Bano and her struggles after her marriage ended with her husband brought this exact question into the national spotlight. Decades later, the film Haq echoes the struggles surrounding a woman’s fight for financial support after divorce. But beyond the headlines and movie lies an important concept: alimony or maintenance, which may be granted by a court during or after matrimonial proceedings, depending on the applicable law. In today’s blog, we will take a deeper look into what alimony is, who can claim it, and how it is determined. So, stay hooked till the end!

What Is Alimony in India?

Alimony refers to court-ordered financial support paid by one spouse to another after separation or divorce. If you are wondering what the percentage of alimony is in India, then let us tell you: there is no rigid formula or exact percentage.

However, Courts determine maintenance based on the facts of each case, considering factors such as the parties' income, needs, liabilities, and standard of living for periodic maintenance. (subject to alteration)

Types of Alimony

The types of alimony suggest that the financial support after a divorce is not a one-size-fits-all rule.

Below, we have briefly mentioned 5 prime types of alimony for your better understanding:

1. Temporary alimony: Refers to an urgent, immediate need to provide the lower-earning spouse with basic living costs while the divorce process moves forward.
2. Rehabilitative Alimony: The main goal is to provide the receiving partner with the time and money they need to learn new skills, finish school, or find a job so that they can support themselves.
3. Reimbursement Alimony: In this case, the court may consider reimbursement where appropriate for the financial investment he/she made toward their spouse’s professional credentials or higher education.
4. Permanent Alimony: Permanent alimony or maintenance refers to financial support that may be ordered at the time of or after a matrimonial decree, subject to the applicable law and the circumstances of the parties. Such orders may be subject to variation, modification or rescission where the governing law permits. 
5. Lump-Sum Alimony: It is a final, one-time financial payment made by one spouse to the other during a divorce or judicial separation. It completely replaces the ongoing monthly maintenance with a one-time settlement. It generally settles future maintenance claims, subject to the terms of the settlement or court order. 

What Are The Two Different Phases of Alimony?

There are two different phases of financial support granted by a court during or after matrimonial disputes: Interim and Permanent.

Check out the table below to get a clear understanding of how these two differ:

Does Every Divorce Have Alimony?

No!

Alimony or maintenance is not automatically awarded in every divorce. The entitlement and quantum depend upon the applicable statutory provision, the financial circumstances and needs of the parties, their standard of living, liabilities, earning capacity and other relevant circumstances considered by the court. 

For your understanding, below we have mentioned a few scenarios where alimony is not needed.

• When both spouses earn a similar income and can live on their own
• When both spouses agree to a mutual divorce and choose to waive/skip alimony in their settlement
• When the requesting spouse has a good job, high education, or enough property to stay self-reliant

What Are the Criteria for Alimony in India?

Since courts in India do not use a strict rule to grant alimony orders, the judges tend to consider a few crucial aspects in each case. For example,

• Total salary, property, and debts of both spouses
• Their standard of living
• Physical and mental health conditions of both of them affecting work capability
• Expenses for raising and educating dependent children
• Conduct of the parties, where relevant under the applicable personal law.
• Whether one spouse gave up work opportunities for family duties

Who Can Get Alimony in A Divorce?

As per the applicable Indian laws, a financially dependent spouse may be eligible to seek alimony, subject to the applicable law and the court's discretion. However, financially independent spouses may receive reduced or no maintenance depending on the facts of the case, if they earn a sufficient, self-sustaining income.

Now, you might have two questions here!

First, When Can A Woman Claim Alimony?

To answer your question, a wife with a job can still get support if her salary is not enough to match the standard lifestyle or cover basic needs compared to her husband. 

Below, we have mentioned the scenarios where a woman is eligible to claim alimony:

• During court proceedings (interim maintenance to pay for daily living & ongoing lawsuit process while the divorce case is active)
• After the divorce (as permanent alimony once the final divorce decree is granted)
• Regardless of who filed it (whether she initiated the divorce or her husband did, provided she meets the dependency criteria)
• Under specific personal laws like the Hindu Marriage Act, or secular laws like Section 144 of the BNSS (formerly Section 125 of the CrPC, applicable across all religions) provides a statutory maintenance remedy in specified circumstances and it is distinct from maintenance remedies available under matrimonial and personal laws. 

Second, Can A Husband Get Alimony?

Yes, under applicable laws, a husband may claim maintenance only where the governing statute permits it and the eligibility requirements are satisfied, and his wife has sufficient financial means.

So, if you are still wondering who has to pay alimony in a divorce, let us explain it to you clearly. The spouse earning a higher income or having greater financial resources has to pay it. 

How Is Alimony Calculated in India?

Coming to the most crucial question here!

As we mentioned before, alimony is not calculated in India using a strict formula. To get a better 

Though the law applies to both genders equally, in most cases, husbands are ordered to pay alimony or maintenance because wives are more frequently considered the dependent party due to traditional income gaps or career sacrifices.

Now, the biggest concern for most of the husbands is the duration of alimony they must pay. Well, in India, it typically depends on whether the court orders temporary support during the ongoing lawsuit or permanent support after the divorce. 

• Interim maintenance lasts until the court proceedings end
• Permanent alimony may last for the long term as directed by the court and may be varied, modified, or rescinded in accordance with applicable law.

What Is The Alimony Law in India?

The key laws governing alimony are as follows:

Hindu Marriage Act, 1955

• Section 24 provides maintenance pendente lite and litigation expenses 
• Section 25 provides permanent alimony and maintenance

Hindu Adoptions and Maintenance Act, 1956

• Section 18 of the Hindu Adoptions and Maintenance Act, 1956 deals with the right of a Hindu wife to claim maintenance from her husband, subject to the conditions prescribed under the Act. 
• Sections 19 and 20 cover maintenance for widowed daughters-in-law (maintenance paid by the father-in-law), children, and aged parents

Special Marriage Act, 1954

• Section 36 allows interim alimony/court expenses for a wife during civil marriage proceedings
• Section 37 empowers the court to order permanent maintenance and alimony payable at the time of decree or afterwards

Relevant Personal Laws

• Under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to a reasonable and fair provision and maintenance from her former husband, along with specified statutory entitlements. The Supreme Court has clarified that such provision may address her future needs. The remedy is not excluded by the general maintenance provision under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 
• The Indian Divorce Act, 1869 helps Christian spouses in India get financial support. Section 36 allows temporary alimony during the court case, and Section 37 allows permanent alimony after the divorce or legal separation ends.
• The Parsi Marriage and Divorce Act, 1936 provides individuals with the right to alimony during or after a divorce suit. 

Recent Legal Perspective on Alimony

Indian courts are currently focusing on financial independence, fairness, and the actual circumstances of both spouses before giving judgments. The goal is to stop poverty after a divorce, not to bridge wealth gaps between two high-earning individuals.

Due to the recent judicial shifts, alimony is no longer guaranteed merely because marriage ends and, as a result, courts increasingly assess the applicant's actual financial need and earning capacity while deciding maintenance. Also, Indian courts evaluate real financial hardships and the applicant’s ability to sustain self-support before granting alimony orders. 

So, that was all about it!

We hope that this blog has addressed all your queries and concerns regarding alimony. However, if you need assistance understanding the applicable process or documentation requirements, you may contact our facilitation team. For case-specific legal advice or representation, please consult an appropriately qualified and authorised legal professional.

If you have any further queries or doubts, feel free to reach out to us. 

Frequently Asked Questions

Q1. Can Alimony Be Modified or Reduced? 

Ans: In India, the amount of maintenance may, depending on the applicable law and circumstances, be reduced, varied or modified by the competent court. Relevant factors may include changes in income, financial circumstances, liabilities and other circumstances recognised under the applicable law. 

Q2. Does alimony stop when you live with someone?

Ans: No, it does not automatically stop if the recipient moves in with a new partner. However, cohabitation may be considered by the court while deciding whether maintenance should continue. 

Q3. How many years of marriage for alimony?

Ans: There is no single minimum duration of marriage that universally determines entitlement to alimony in India. Eligibility depends on the applicable law, the nature of the matrimonial proceeding and the facts and circumstances of the parties. 

Q4. Is alimony applicable in mutual divorce?

Ans: Alimony or maintenance may be agreed upon as part of a mutual-consent divorce settlement, but there is no universal rule that every mutual-consent divorce must include alimony. The terms of the settlement and the applicable law are relevant. 

Q5. Is Alimony Taxable in India?

Ans: The income-tax treatment of alimony may depend on the nature and manner of payment and the applicable tax law and judicial interpretation. Because tax treatment can vary according to the facts, parties should obtain case-specific tax advice before determining the tax consequences of a particular settlement. 

Legal Information Disclaimer:
This article is provided for general informational and educational purposes only and is not a substitute for legal advice, legal opinion or representation. Maintenance and alimony rights depend on the applicable law, personal law, facts and circumstances of each case, and orders of the competent court. Laws and judicial interpretations may change. Readers should obtain advice from an appropriately qualified legal professional for advice relating to their individual circumstances.