Alimony in India: What You Need to Know

If you’re going through a separation or divorce, the first question on many minds is “Will I get money to support myself?” In India that money is called alimony or maintenance. It’s not a gift – it’s a legal right meant to keep a weaker spouse from falling into poverty after the marriage ends.

Who Can Claim Alimony?

Any spouse who can’t earn enough to meet basic needs can ask the court for maintenance. Typically, women file for alimony because they often have lower earning capacity, but men can claim it too if they prove genuine need. The court looks at three main things:

1. Financial status of both parties – income, assets, and liabilities.
2. Standard of living during marriage – what lifestyle the couple enjoyed.
3. Age, health and education – older or ill spouses may get higher support.

If the petitioner is a minor, a disabled person, or a senior citizen, the court is more likely to grant alimony.

How Is Alimony Calculated?

There’s no fixed formula in Indian law, but judges use a practical approach. They consider the husband’s earning power, the wife’s ability to become self‑sufficient, and any expenses like childcare or medical bills. As a rule of thumb, many lawyers suggest between 25‑40% of the husband’s net income for a permanent order, and a lower percentage for temporary support.

Recently, the 2025 Supreme Court guidelines asked courts to be transparent about the calculation. Some online alimony calculators now let you plug in income, dependents and living costs to get an estimate – handy for a quick check.

Types of alimony you’ll see in a decree:

• Temporary alimony – paid until the court gives a final order or until the wife finds a job.
• Permanent alimony – continues indefinitely, but can be stopped if the wife remarries or starts earning enough.
• Limited period alimony – fixed for a few years, often given when the wife needs time to finish education or training.

To start the process you’ll need to file a petition in the family court. The paperwork includes:

• Marriage certificate.
• Proof of income – salary slips, bank statements, tax returns.
• Details of assets – property, investments.
• Any evidence of need – medical reports, education fees.

After filing, the court issues a notice to the other spouse. Both sides can present evidence, and the judge then decides the amount and duration.

Speeding up the case is possible if both parties agree on the amount. A written settlement can be filed as a compromise, and the court will usually approve it unless it seems unfair.

What about enforcement? If the payer refuses, the court can attach salary, freeze bank accounts, or even issue a warrant for arrest. That’s why most people try to settle amicably.

Here are three quick FAQs most people ask:

1. Can alimony be waived? Yes, you can give up the right, but only if you do it voluntarily and the court is sure you’re not being coerced.

2. Does remarriage stop alimony? For a wife, remarriage generally ends permanent alimony. For a husband, it only matters if he’s the one receiving support.

3. How long does the court take? Simple cases may wrap up in 3‑4 months. Contested matters can stretch a year or more.

Bottom line: alimony in India is there to protect the financially weaker spouse. Knowing the eligibility, how the amount is set, and the steps to claim it can save you stress and help you plan your future after divorce.