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When a couple ends their marriage, one spouse may be legally required to provide financial support to the other to help them maintain a similar standard of living. This payment is called alimony and is typically paid by the financially stronger partner.
A family court may order alimony even while the case is ongoing (referred to as maintenance), or after legal separation, in the form of a lump sum or regular monthly/quarterly payments.
Like divorce laws, alimony provisions in India differ across religions. Here's a breakdown:
Under Section 24 of the Hindu Marriage Act, 1955, either spouse can seek maintenance, depending on financial conditions. The law applies equally to men and women, and courts consider factors like income, employment status, assets, liabilities, and overall financial standing.
For mutual divorce, alimony is typically decided by mutual agreement. In a contested divorce, the court decides the amount based on case-specific facts and circumstances.
Additionally, under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a wife can claim maintenance if:
This is read with Section 23, which gives the court discretion over granting and deciding the amount of maintenance.
Under the Special Marriage Act, 1954, only the wife is entitled to claim alimony.
Before initiating a claim, Muslim spouses must decide the applicable legal framework. Under traditional Muslim law, only the wife is entitled to maintenance, regardless of her financial status compared to the husband.
The Muslim Women (Protection of Rights on Divorce) Act, 1986 outlines the following rights for a divorced wife:
She may also claim support if:
If no one is available to pay maintenance, the magistrate may direct the State Wakf Board to provide financial support.
Christian alimony is governed by the Indian Divorce Act, 1869, particularly Sections 36, 37, and 38.
Alimony is financial support given by one spouse to the other during or after divorce, usually to help the financially dependent partner maintain their living standard. The kind and duration of alimony depend on the specific circumstances of the case. Common types include:
Alimony, or spousal support, is a court-ordered payment one spouse gives to the other after divorce to help maintain a similar standard of living. Its aim is to offer financial stability to the dependent spouse post-separation.
Eligibility depends on factors such as marriage duration, financial status of each spouse, their age and health, and contributions made during the marriage. The court decides the amount and duration of alimony based on these individual circumstances.
Alimony in India is governed by personal laws such as the Hindu Marriage Act (1955), Muslim Personal Law (1937), and the Special Marriage Act (1954), covering both interim and permanent support.
Temporary alimony (interim maintenance) is granted during ongoing divorce proceedings, while permanent alimony is awarded after the divorce is finalized, offering continued financial aid to the dependent spouse.
There’s no set formula for calculating alimony. Courts decide the amount based on several factors:
Alimony calculation is not based on a fixed formula but depends on several factors and the case's specific details. Courts typically evaluate:
In certain cases, courts may grant a lump-sum alimony instead of regular payments—especially when the payer holds substantial assets or the recipient requires a one-time amount for purposes like education or medical care.
Yes, alimony received in India is generally considered taxable for the recipient. Its tax treatment depends on how it is paid. A lump sum amount is treated as income in the year it's received and taxed accordingly. If alimony is given in regular instalments, such as monthly or quarterly, it is taxed in the year each payment is made.
Tax obligations can vary based on the case details and agreement terms. It's advisable to consult a lawyer or tax advisor to understand how it applies to your specific situation.
In India, either spouse—regardless of gender—can claim alimony if they can prove the need for financial support from the other. Alimony is meant to help the financially dependent spouse maintain a similar standard of living after separation.
Courts usually consider the following key factors before granting alimony:
Alimony isn't automatically granted. Courts assess both the necessity of the claimant and the payer’s ability to support. It’s best to consult a legal expert to understand how the rules apply in your specific situation.
Yes, you can request a lump-sum alimony during divorce proceedings.
If the spouse is self-sufficient or has committed cruelty/adultery, alimony may be denied.
Attempt reconciliation, collect documents, and consult a lawyer.
It depends on income, lifestyle, marriage duration, and financial need.
There’s no fixed rule; mutual agreement or court decides based on contributions.
No, remarriage without divorce is illegal and amounts to bigamy.
Only after the court grants a final divorce decree.
Courts decide based on the child's best interest, not just parent’s gender.
If she’s unable to maintain herself post-divorce.
The family court decides based on facts of the case.
If the spouse is earning or misconduct is proven, alimony may be denied.
No, she has no legal right over his ancestral property, but can claim maintenance.
If she is earning sufficiently or is in an adulterous relationship.