Spousal Support in India – What You Need to Know

If you’re going through a divorce or separation, the biggest question is often: can I get financial help from my ex? In India, that help is called spousal support or alimony. It’s not a mystery – it’s a legal right, but you have to know the rules.

Who Can Ask for Spousal Support?

Usually, the spouse who earns less or has no income at all can ask the court for maintenance. That means the higher‑earning partner may be ordered to pay a monthly amount. Women are the most common claimants, but men can also get support if they prove they truly need it.

The court looks at three main things: your income, your spouse’s income, and your standard of living before the marriage broke down. If you’re a stay‑at‑home parent, you get extra points because you’ve given up a career to raise kids.

How Is the Amount Decided?

There’s no fixed formula, but judges often use a percentage of the higher earner’s salary – roughly 25‑30% for a wife and 15‑20% for a husband. The amount can change if your circumstances shift, like if you find a job or your ex’s earnings go up.

Sometimes the court orders a lump‑sum payment instead of a monthly one. This happens when the marriage was short or the claimant can show they need a one‑time cash boost.

Steps to Claim Spousal Support

1. Talk to a lawyer. A family law attorney can help you understand your rights and draft the right paperwork.

2. File a petition. You’ll need to submit a maintenance petition in the family court where your divorce case is pending.

3. Provide proof. Bring salary slips, bank statements, tax returns, and any evidence of your living expenses.

4. Attend the hearing. Both spouses will be asked to explain why they need (or don’t need) support.

5. Get the order. If the judge agrees, you’ll receive a written order stating the amount, frequency, and duration.

Enforcing the Order

If your ex stops paying, you can ask the court to enforce the order. Options include wage garnishment, attaching bank accounts, or even contempt of court proceedings that may lead to a fine or jail time.

Remember, spousal support isn’t automatic. You must apply for it, and the court will decide based on the facts you present.

Recent Changes in 2025

The 2025 amendments to the Hindu Marriage Act make it easier for courts to grant interim support while the case is ongoing. They also push for faster decisions – the goal is to decide maintenance within three months of the petition.

These changes aim to prevent long‑lasting financial strain on the lower‑earning spouse, especially when children are involved.

Bottom line: if you think you qualify for spousal support, start the process early. Gather your documents, talk to a lawyer, and file that petition. The right support can help you stay afloat while you move on with your life.