Going through a divorce can be both emotionally and financially exhausting, and alimony is an important part of separation. Understanding the alimony rules in India is necessary for both parties to have a reasonable opportunity for financial recovery after the marriage comes to an end. Who qualifies for alimony? How is it determined? What are the legal rules that govern alimony? This complete guide will cover the legal rules, eligibility for support, calculation methods, legal status, tax implications, and recent decisions affecting alimony in India, and prepare you for the process and the law when it comes to alimony.
Table of Contents
What is Alimony?
Alimony is the financial assistance that one spouse provides for the other after divorce or separation. It is meant to ensure that the spouse who is in the weakest financial position can maintain a reasonable standard of living which is comparable to the one that the couple had during marriage.
The point is to ensure that while the marriage may be over, one spouse does not have to suffer financially because of the ending of the marriage.
Traditionally, the husband pays alimony to the wife, particularly when she is not earning or has substantially lower earnings. However, if the husband is in the worst financial position at the time of divorce, the wife may be required to pay her husband support as well.
The court will consider who will pay alimony after the divorce and in what amount, considering a number of factors, including income, expenses, health, and length of marriage.
There are generally two ways to pay alimony:
- Lump sum payment – a payment of a large fixed amount made one time to satisfy all payment obligations.
- Monthly payments – a payment of a fixed sum every month for either a defined term or for life, depending on the facts and circumstances of the case.
If the spouse requesting alimony is earning a reasonable income, has remarried or is living with another partner after the divorce, the court may deny his or her support request.
Objective of Alimony
The primary goal of alimony is to offer monetary assistance to the spouse who is unable to take care of herself/himself after the divorce or separation. In many marriages, one spouse is financially reliant on the other since the spouse did not go to work or earned significantly less than the other spouse.
Alimony is to prevent any individual from facing financial difficulty following the marriage’s ending.
The goal is not to penalize either spouse but to attempt to share the financial responsibility as fairly and equitably as all the circumstances will allow. The court will consider factors such as income, means of support, health, and length of marriage in order to determine the amount and duration of alimony.
Alimony is intended to assist the dependant spouse with the transition from married life to independent living with the hope of retaining a “reasonable” standard of living.
Types of Alimony in India
In India, alimony comes in two forms, interim alimony and permanent alimony.
Interim alimony
Interim alimony is short-term financial support for the spouse, where one spouse supports the other while the divorce is pending before the court. It is designed to support a financially weaker spouse to continue making monthly expenditures, pay legal fees, and meet daily needs until there is a divorce order granting divorce and determining the outcome of the divorce. Once the divorce is granted, the Interim alimony stops.
Permanent alimony
Permanent alimony is long-term financial support issued after the divorce is granted by the court. Permanent alimony can be ordered and paid as a lump sum amount (one-time payment) or instalments (on a monthly basis) depending on the case. The amount and duration of the alimony will vary per case.
The court determines based on the income of the dependent spouse factored with the financial needs of the dependent spouse, the standard of living during the marriage, and the length of the marriage. The goal of alimony is to ensure the dependent spouse has support on a reasonable basis to transition to stable living and beyond post-separation after a divorce.
Also Read: Divorce Procedure in India: A Step-by-Step Guide
Who is Eligible for Alimony in India?
In India, alimony may be awarded to a financially weaker spouse, whether that spouse is a man or a woman. Often, it is a wife who is awarded alimony, particularly if she is unemployed or underemployed compared to her husband.
The court will consider the economic standing of the husband, including his income and financial status, and the standards of living enjoyed by the family in evaluating whether to grant alimony. If the wife takes care of the children of the marriage, she is more likely to get an award of alimony.
In certain circumstances, a man can also request and receive alimony if he is financially dependent on his wife. Most of these situations involve an unemployed husband, who has health issues or earns a substantial amount of money less than the wife. The court will determine if the wife has significant or stable income or assets, and then consider alimony for the husband.
In any case, a person requesting alimony will not usually receive it if they are financially secure on their income, have remarried or were found guilty of adultery or cruelty during the marriage relationship.
Legal Provisions Governing Alimony in India
Alimony laws in India are governed by different laws according to religion and kind of marriage. The principal aim of alimony is to provide financial protection to one spouse who is likely to be financially dependent after the collapse of the marriage. Courts will determine the amount according to the spouses’ income, lifestyle, and financial needs.
Hindu Marriage Act, 1955
Under the Hindu Marriage Act, either spouse can make a maintenance request. The court takes into account the spouse’s income, ease of financial position, and duration of the marriage in determining a quantum of alimony.
Special Marriage Act, 1954
Couples married under the Special Marriage Act who are marrying civilly or across religious lines may make an application for alimony. The court ensures a dependent spouse receives just adequate financial maintenance.
Muslim Personal Law
Muslim women are entitled to maintenance during the Iddat period (3 months after the divorce). The Muslim Women (Protection of Rights on Divorce) Act, 1986 allows Muslim women to apply for a proper financial settlement, which the husband must provide.
Indian Divorce Act, 1869 (For Christians)
Under the Indian Divorce Act, of 1869, a Christian woman may apply for alimony. The court will, again, assess the husband’s income, lifestyle, and the wife’s financial position before determining the alimony.
Parsi Marriage and Divorce Act, 1936
In Parsi marriages, alimony can be claimed by either party- male or female. When determining the appropriate alimony amount, the court to consider both the husband’s ability to pay alimony and, equally important, the social and financial needs of the wife.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Although BNSS 2023 has replaced the CrPC, it still safeguards the maintenance rights of wives and their children and dependent parent(s). The new law is intended to simplify and hasten the court process to provide funding to those who need it without protracted litigation. The courts will still assess income, financial obligations and standard of living under the terms of maintenance statutes. The maintenance statute provides that, in the event of a divorce, the financially weaker spouse is not left in a position of hardship, so that they receive financial support towards maintaining a level of stability in their lives individually or within their family unit.
How is Alimony Calculated in India?
In India, alimony is not a fixed amount but is determined by many factors. The court takes into consideration both spouses’ financial status, lifestyle, and future needs when deciding what amount of alimony should be paid. The amount may be determined in a calculation related to the payment either in a one-time lump-sum, or monthly amount for maintenance or support.
Considered Factors in Alimony Calculation
- Income of Both Spouses: Courts assess the earnings, assets, and finances of both spouses, husband and wife.
- Standard of Living while Married: Alimony should allow the dependent spouse to maintain similar circumstances as if they had remained married.
- Length of Marriage: Longer marriages usually produce larger amounts of alimony. If the marriage lasted only a few years, the amount may be less accordingly.
- Age and Health of Both Spouses: An older or ill spouse may be awarded higher alimony to support medical coverage.
- Parents with Primary Child Custody: If one spouse has been awarded primary custody, the court may increase the alimony amount to support childcare.
- Finances and Property: If the spouse seeking alimony has sufficient property or other wealth and assets, the court may deny maintenance and only award a little.
- Fault in Divorce (in Some Instances): If the spouse seeking alimony, or asking for support, was found to be at fault for adultery or other issues, the court may deny or take into consideration for reduction.
Can Alimony Be Denied?
Yes, in a few circumstances in which alimony can be denied. The court will not permit a claim for alimony unless it checks if the filing spouse needs it. If the spouse who is requesting an alimony is financially stable, the courts can deny that request. If this spouse committed adultery or infidelity, they may also be denied an alimony request.
Similarly, if the spouse has or had been abusing or displaying cruelty to their spouse in the marriage, this spouse can be denied alimony also. Another example is when a wife chooses to remarry, the wife will lose her right to claim a maintenance claim against her ex-husband, although a husband can also be ordered to pay money and lend himself to stop timesharing if the court orders him to.
In cases of short marriages, especially those limited to a few months to a year, the court will undoubtedly be firmly inclined to determine the claim of alimony unnecessary, especially if both spouses have the means to support themselves. If the husband is unemployed or because of circumstances cannot pay it to them due to their wife’s being financially strong and capable, the courts could also deny alimony.
Overall, a court would evaluate all circumstances before deciding if alimony is necessary or not.
Recent Legal Updates on Alimony in India
Rajnesh vs Neha (2020)
This Supreme Court case, which was decided in 2020, is an important case regarding the calculation of alimony. It stressed that both parties shall file comprehensive affidavits of incomes, expenses, and assets, including all bank accounts, investments, and properties. The Court stressed looking at the income, assets, liabilities, and standard of living of both spouses, to ensure a fair and just settlement. This case is important, particularly for its methodology & structure, which makes it a reference to lower courts.
Pravin Kumar Jain vs Anju Jain (2024)
A Supreme Court judgment that has occurred recently, from December 2024, garnered interest in the law regarding alimony in light of the discussions around alimony following the Bengaluru techie suicide case. The judgment ordered Praveen Kumar Jain to pay his wife alimony amounting to Rs 5 crores and set out the following eight factors when determining permanent alimony, including but not limited to, social and economic status, basic needs, and financial well-being after the alimony period expired. This case is particularly notable due to providing a framework for responding to contemporary societal problems on time and providing an equitable solution without punishing the husband.
Rinku Baheti vs Sandesh Sharda (2024)
This decision further emphasizes that maintenance is unique to the financial needs of the specific individuals involved, and not the result of a comparison to what a spouse’s ex-wife may have received. Once the parties are separated, it cannot be expected from the husband to maintain the wife in his present status for the rest of his life. If the husband has moved on and is fortunately doing better in life moving ahead after the time of separation, then it is unfair to expect to always maintain the wife’s status and lifestyle at the husband’s changing status. The Court confirmed that the amount of maintenance is based on the wife’s financial circumstances, lifestyle during the marriage and ability to be self-sufficient. The Court’s ruling also cautioned against the modern trend of requesting alimony as a form of wealth transfer rather than support for legitimate needs. The ruling promotes the concept and hope of maintenance as fair and reasonable as opposed to an opportunity for either spouse to take advantage of the other spouse or because one spouse had a better financial situation than the other spouse (i.e. wealth equalization).
India’s alimony laws have been established for the basic purpose of maintaining financial stability for dependent spouses after divorce, and of ensuring that such dependent spouses do not suffer undue hardship. Even though the courts will consider several factors – i.e., the dependent spouses’ income, the standard of living during the marriage, and the duration of the marriage – various legal landmark decisions have recently highlighted the need for accounting for the spouse’s respective financial positions and sharing financial responsibilities fairly and transparently in alimony settlements. General knowledge and updates regarding alimony law will help spouses navigate the often-complicated processes involved with alimony-related claims, which will ultimately lead to a more favourable award for the dependent spouse and a more just outcome for both parties. Whether you are seeking to obtain alimony, or are looking to contest or stop future alimony payments, it is always a good idea to consult a legal professional to always protect your best financial interests and always ensure compliance with evolving legal frameworks.
FAQs
Who is eligible for alimony in India?
Any financially weaker spouse, whether husband or wife, can claim alimony.
How is alimony calculated?
Courts consider income, marriage duration, health, and financial needs.
Can alimony be denied?
Yes, if the requesting spouse is financially independent, has remarried, or committed adultery.
How long does alimony last?
It depends on the court’s order—either lifetime support, fixed-term payments, or lump sum settlements.
Can a husband receive alimony?
Yes, if the husband is financially dependent on the wife and meets eligibility criteria.
