Alimony in India – What You Need to Know (2025)

Got a divorce or separation on the horizon and wondering how you’ll keep the lights on? In India, alimony (or maintenance) is the money one spouse can ask the other to pay after a marriage ends. It’s not a luxury – it’s meant to help the weaker partner stay afloat, especially if they’ve given up a career to raise kids or support the household.

First off, alimony isn’t a one‑size‑fits‑all. The courts look at your income, the standard of living you enjoyed while married, and any special needs (like a child’s education or a health condition). The goal is to bridge the gap between what you earn now and what you’d have earned if the marriage had stayed together.

How Alimony Is Calculated

There’s no fixed formula, but judges follow a few practical steps. They start with the combined income of both spouses, then subtract reasonable expenses – rent, bills, food, school fees – to see how much is left. Next, they compare that leftover amount with the needs of the spouse seeking maintenance. If the paying spouse can afford it without falling into poverty, the court sets a monthly amount.

Typical alimony ranges from 15% to 30% of the paying partner’s net salary, but it can be higher for long‑term marriages or if the dependent spouse has no earning capacity. For example, a husband earning ₹1,00,000 per month might be ordered to pay around ₹20,000‑₹30,000 if his wife has no job and three kids to support.

Special cases also exist. If the spouse seeking alimony is a senior citizen, the court may order a higher amount to cover medical expenses. Similarly, if the paying spouse has a high‑earning profession, the court can ask for a larger share to maintain the lifestyle the couple enjoyed.

Filing for Alimony: Step‑by‑Step

Ready to start the process? Here’s a quick roadmap:

1. Gather documents. Collect salary slips, bank statements, tax returns, and any proof of expenses like rent or school fees. The more evidence you have, the smoother the case.

2. Draft an application. You can file a petition for maintenance in the family court that handled your divorce or in a local court if the divorce is still pending. Include details of income, expenses, and why you need support.

3. Submit the petition. Pay the nominal court fee (usually a few hundred rupees) and hand over the paperwork. The court will issue a notice to the other spouse.

4. Attend the hearing. Both parties get a chance to present their side. Bring all financial documents; the judge will ask questions to understand the financial gap.

5. Get the order. If the judge decides in your favor, you’ll receive a maintenance order specifying the amount, payment method, and duration. In most cases, alimony continues until the receiving spouse remarries or becomes financially independent.

Remember, you can ask the court to revise the amount if either party’s financial situation changes dramatically. For instance, if the paying spouse loses a job, they can request a reduction, but they must prove the loss convincingly.

One common mistake is waiting too long to file. The courts can reduce or even deny alimony if you delay without a good reason. So, as soon as you know you need support, start the paperwork.

Finally, a quick tip: consider mediation before going to court. Many families settle on a fair amount without a lengthy trial, saving money and stress. Mediation sessions are informal and often result in a mutually agreeable figure that both parties sign off on.

Alimony in India may feel like a legal maze, but with the right documents and a clear understanding of how courts think, you can secure the support you deserve and move forward with confidence.