Alimony Calculations in India – A Practical Guide

When a marriage ends, figuring out how much money one partner should pay the other can feel like guessing a number in the dark. In India, alimony (or maintenance) isn’t set by a fixed formula, but the law does give clear clues about what judges look at. Knowing those clues helps you estimate a fair amount and avoid nasty surprises during the final decree.

What The Courts Actually Look At

Indian courts balance a few key pieces of information before deciding on alimony:

• Income and earning capacity – How much does the paying spouse earn? What about the receiving spouse? Even if the latter isn’t working, the court checks their potential to earn.
• Standard of living – The court tries to keep the lifestyle you enjoyed during marriage, as much as possible.
• Age and health – Older or sick spouses may need more support because they can’t earn as easily.
• Duration of the marriage – Long marriages often lead to higher maintenance because the partners built a life together.
• Any misconduct – While not a primary factor, severe misconduct can sway the decision in some cases.

These factors shape the final number, but you can still run a quick estimate on your own.

Simple Steps to Estimate Your Alimony

Here’s a no‑math‑degree method that works for most cases:

1. Calculate total household income. Add both spouses’ salaries, freelance earnings, rentals, and any other regular cash flow.
2. Identify the receiving spouse’s share. A common starting point is 30‑40% of the total household income, adjusted up or down depending on the factors above.
3. Adjust for special needs. If the receiving spouse has health issues, add a reasonable extra amount—often another 5‑10% of the total income.
4. Factor in any existing children’s support. Child support is separate, but the court may lower alimony if the paying spouse already has heavy child‑related expenses.
5. Round it off. Courts like clean numbers. If your calculation lands at ₹12,750, you might see a final order of ₹12,500 or ₹13,000 per month.

Remember, this is a rough guide. The exact figure depends on your specific situation and the judge’s discretion.

For a quick sanity check, many lawyers suggest using the “one‑third rule”: if the paying spouse earns roughly three times more than the receiving spouse, the latter might get about one‑third of the higher earner’s income. It’s not law, but it gives you a ballpark.

If you’re filing for divorce, you can request a temporary maintenance order while the case is pending. That amount is usually lower than the final figure but helps cover immediate needs.

Finally, keep all financial documents handy—salary slips, bank statements, property papers, and any evidence of expenses. The more transparent you are, the smoother the court’s calculation process will be.

Alimony doesn’t have to be a mystery. By understanding what courts consider and running a simple estimate, you can approach negotiations with confidence and aim for a fair, realistic settlement.