How do courts calculate alimony or spousal support in contested divorce cases?

Alimony is the financial support that is to be provided by one spouse to another as per the court’s order. Determination of alimony depends upon various factors. In India, there’s no straitjacket formula provided by courts to calculate alimony; factors like the earning capacities of both spouses, their financial requirements, the duration of the marriage, and the standard of living maintained throughout the marital union are to be considered before the final verdict.

Alimony: Meaning and Types

Alimony, also referred to as spousal support, is a legal obligation for one spouse to provide financial assistance to the other after a divorce or legal separation. The principal purpose of alimony is to ensure that the financially weaker or dependent spouse can maintain a rational standard of living after the divorce or to provide them with the means to become economically self-reliant. The concept of alimony finds its roots in the idea of financial justice and equity.

Based on the stage of the divorce proceedings, the alimony is of the following two types:

(i) Pendente Lite Alimony: Alimony that is paid during the proceedings is called interim or pendente lite alimony, i.e., the alimony is directed to be paid whilst the proceedings are still pending and have not been concluded. The objective of the same is to allow the financially dependent spouse to sustain and cover the legal expenses during the proceedings.

(ii) Permanent alimony: It is provided after the divorce has been granted. It can either be in the form of a lump sum amount or periodic payments. Permanent alimony stops when the dependent spouse (the recipient of alimony) remarries, or the paying spouse dies, or if the court modifies the order due to a significant change in circumstances.

Legal Basis

The provision for alimony has been provided under various statutes. Along with personal laws, certain secular laws provide for the grant of alimony or maintenance. Alimony can be prayed for under the following statutes:

• Personal Laws: The Hindu Marriage Act, 1955; the Hindu Adoptions and Maintenance Act, 1956; the Muslim Women (Protection of Rights on Divorce) Act, 1986; the Indian Divorce Act, 1869; the Parsi Marriage and Divorce Act, 1936.

• Secular Laws: The Special Marriage Act, 1954, and Section 125 of the Code of Criminal Procedure (corresponding to Section 144 of the Bharatiya Nagarik Suraksha Sanhita).

How do courts calculate alimony in contested divorce cases?

Contested divorce cases are the ones where spouses cannot reach an agreement, compelling the court to intervene and assess the amount of alimony that is fair and equitable for both parties. Even though there is no standardised formula of assessment, there are certain factors that courts consider before determining alimony. Some of them have been listed below:

(i) Income and assets of the parties: The amount of alimony is mostly based on the income earned by the spouses. Besides income, assets (property, bank accounts, shares, etc.) and liabilities (debt, loans) are also relevant in the determination of the amount.

(ii) Standard of living: The quality of life spent before the divorce is considered for the calculation of alimony. The court ensures, after giving due regard to all other factors, that the dependent spouse is not suffering from a steep decline in living standards after divorce.

(iii) Duration of marriage: The length of the union is also a crucial factor. Longer marriages might allow for the grant of a greater amount of alimony.

(iv) Age and health of both spouses: If the recipient spouse is old or is suffering from health conditions, the amount of alimony shall be assessed keeping the same in consideration. However, a younger, healthier spouse who can easily venture into self-sufficiency may be provided with relatively less alimony.

(v) Conduct of parties: The conduct of both spouses during the marriage is of paramount importance. The contributions of both spouses in the marriage are to be considered. If the aggrieved party has suffered from cruelty, the alimony may be higher.

(vi) Employment and employability: In case both spouses are employed and self-sufficient, the alimony is less. However, employment cannot be a defence to completely escape the obligation to pay alimony. In some cases, the spouse might not be employed but possesses the requisite skills, qualifications, and knowledge to get a job. Considering this, the court may grant short-term relief to the dependent spouse until the spouse has found a suitable job to be self-reliant.

(vii) Children’s custody: If one spouse has primary custody of children, their financial needs are often greater due to the direct costs and time commitment involved in childcare. Therefore, the child support obligations act as one of the important factors in the evaluation of the amount of alimony.

In the case of Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandyi, AIR 2017 SC 2383, the Supreme Court followed the judgement in Dr. Kulbhushan Kumar v. Raj Kumari and Anr (1970) 3 SCC 129, and held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the wife. Alongside, the Apex court cautioned that maintenance or alimony always depends upon the factual situation of the case, and thus, the courts are justified in moulding the claim depending upon various factors.

In conclusion, no uniform amount would cater to the needs of every case, i.e., the alimony shall be granted according to the facts and circumstances of each case. The courts, to avoid confusion, have laid down the factors that shall be considered while assessing the amount of alimony, in case the parties are not able to come to an amicable solution.