Alimony in India: Your Quick Guide to Getting Fair Support

Going through a divorce is stressful enough, but worrying about money makes it even tougher. Alimony—also called maintenance—helps the lower‑earning spouse cover living expenses after separation. In India, the law lets you ask for support, but the rules differ by religion, court, and case facts. Below you’ll find the basics you need to know, plus practical steps to claim what you deserve without endless delays.

When Can You Claim Alimony?

Almost any married couple can seek alimony if one partner can’t support themselves. The courts look at three main factors: the financial needs of the claimant, the paying spouse’s ability to pay, and the length of the marriage. If you’re a stay‑at‑home parent, a student, or someone with a health issue that limits earning, you have a solid ground to ask for maintenance. Even in a short marriage, a court may order temporary alimony until the claimant can become financially independent.

How Alimony Is Calculated

There’s no fixed formula, but judges usually start with the paying spouse’s income, deduct reasonable living expenses, and then decide a percentage that covers the claimant’s needs. For example, if the husband earns ₹1,00,000 a month and his basic expenses total ₹40,000, the court might grant ₹20,000‑₹30,000 as alimony. Factors like the wife’s education, any children’s needs, and the standard of living enjoyed during marriage also influence the amount. Remember, alimony can be temporary (during the divorce process) or permanent (until the claimant remarries or becomes self‑sufficient).

To file for alimony, you need to submit a written application to the family court handling your divorce. Attach proof of income (salary slips, tax returns), details of expenses, and any evidence showing why you need support—like medical reports or school fees. The court will issue a notice to the other spouse, who can agree, contest, or propose a different amount. Most cases settle through negotiation or mediation, saving you time and court fees.

Here are a few quick tips to strengthen your claim: 1) Keep a tidy record of all household expenses, 2) Show clear evidence of any income loss or health issues, 3) Be realistic about the amount—over‑asking can backfire, and 4) Consider a written settlement if both parties agree, because it’s easier to enforce later. If the other side refuses to pay, you can ask the court to order a direct deposit or attach the amount to future property settlements.

Alimony isn’t a life sentence; it ends when the claimant can support themselves or when circumstances change. Stay updated on any modifications in your income or living situation, and file a petition if you need to adjust the amount. With the right paperwork and a clear understanding of the law, you can secure fair support and focus on rebuilding your life after divorce.