Alimony in India: What You Need to Know

When a marriage ends, one partner often worries about money. In India, alimony—also called maintenance—helps the weaker spouse cover living costs. It’s not a punishment; it’s a legal tool to keep life stable after divorce or separation.

Alimony can be ordered by a court under the Hindu Marriage Act, Special Marriage Act, or the Indian Divorce Act. The idea is the same: the husband or wife who earns more may have to pay a regular amount to the other partner.

When can you ask for alimony?

Any married couple filing for divorce can request alimony, whether the case is mutual consent or contested. Even if you’re not formally divorced yet, you can apply for interim maintenance while the case is pending. Courts look at a few key points:

• Financial need: Does the applicant have a genuine shortfall in income?
• Earned ability: Can the other spouse realistically afford to pay?
• Standard of living: What lifestyle did the couple enjoy during marriage?
• Age and health: Older or ill partners may need extra support.

If you have children, the court may also factor in child‑care costs when deciding the amount.

How is alimony calculated and paid?

There’s no fixed formula, but judges usually start with a percentage of the paying spouse’s income—often 25‑30 percent—then adjust for the factors above. Some courts use a sliding scale based on the income gap.

Alimony can be:

• Temporary (interim): Paid until the final divorce decree.
• Permanent: In rare cases, usually when the recipient cannot become self‑sufficient.
• Retroactive: Covers the period from separation to the date of the order.

Payments are typically made monthly by bank transfer or cheque. If the paying spouse stops, the recipient can file a contempt petition, and the court may impose penalties.

To start the process, file a petition for maintenance with your family court. Attach proof of income (salary slips, tax returns) and evidence of expenses (rent, medical bills). A lawyer can help draft the petition and negotiate a fair amount.

Remember, alimony aims to balance fairness, not to punish. If both parties can agree on a reasonable amount, they can settle outside court and avoid lengthy hearings.

Need more help? Our directory lists family law experts across India who specialize in alimony and divorce. A quick call can clarify your rights and get the process moving faster.