Spousal Support in India – What You Need to Know

If you’re going through a divorce or separation, the biggest question is often: will I get money to live on? In India, that money is called spousal support or maintenance. It’s not a gift; it’s a legal duty meant to help the weaker spouse keep a reasonable standard of living after the marriage ends.

When Can You Ask for Spousal Support?

Any married person can ask for maintenance if the other spouse has a higher income or more assets. Courts look at factors like the length of the marriage, each partner’s earning capacity, health, age, and any children involved. Even if you’re not officially divorced yet, you can file for interim support to cover immediate needs.

How to Apply for Spousal Support

The process starts with a written petition to the family court. You’ll need to attach proof of income – salary slips, tax returns, or bank statements – and any evidence showing your financial shortfall, like medical bills or rent receipts. The court may ask both sides to attend a hearing, where a judge will decide the amount and duration of support.

Amount calculations aren’t fixed by law, but judges often use a percentage of the paying spouse’s income, usually between 15% and 30%, depending on the circumstances. For a short marriage, the support might end once the recipient can become financially independent. For long‑term marriages, it can continue indefinitely or until a major change, like remarriage, occurs.

If the paying spouse refuses to comply, you can file a contempt petition. The court can order wage garnishment, attach property, or even imprison the defaulter until the dues are cleared. Enforcement is taken seriously because the law aims to protect vulnerable spouses.

It’s smart to negotiate a settlement before reaching court. A mediated agreement can save time, reduce stress, and give you more control over the terms. Both parties sign a written document, which the court can later endorse, making it legally binding.

Remember that spousal support is separate from child support. Even if you have kids, you may still be eligible for maintenance. The two are calculated independently, based on different criteria.

Common mistakes people make include waiting too long to file, hiding assets, or assuming that only women can receive support. Indian courts treat each case on its own facts, so gender isn’t the deciding factor – ability to pay and need are.

Finally, keep all paperwork organized. Receipts, court orders, and communication with your ex‑spouse will be useful if you need to modify the amount later due to a change in income or health.

Spousal support can feel like a legal maze, but knowing the steps and criteria makes it manageable. If you’re unsure where to start, consider consulting a family law attorney who can guide you through the paperwork and represent you in court.