How Much Alimony or Maintenance Can I Claim in India?

When a marriage breaks down, emotional distress is not the only challenge—financial instability is another significant issue, especially for a spouse who may lack financial independence. Indian law offers a remedy in the form of alimony or maintenance. A common question that arises is: “How much can I claim?” This article aims to clarify the concept of alimony and maintenance in India by explaining how courts determine the amount, who is eligible to claim, and under which laws these claims can be made.

What is the Difference Between Alimony and Maintenance?

While many use the terms interchangeably, there is a distinction:

•  Maintenance: Financial support provided during divorce proceedings or even without filing for divorce. It can be monthly or periodic.

•  Alimony: A lump sum or final settlement amount granted after the divorce is finalized.

Both are designed to support a spouse (usually the wife, but not always) who lacks sufficient means for livelihood.

Who Can Claim Alimony or Maintenance?

In India, both men and women may claim maintenance, with the wife being the common plaintiff in maintenance claims. Courts look to see if the claimant is financially dependent and unable to sustain themselves.

Eligibility is determined by different personal laws:

• Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, applies to everyone, regardless of religion. 

•  Hindu Marriage Act, 1955 – applicable to Hindus. 

• Muslim Women (Protection of Rights on Divorce) Act, 1986 – applicable to Muslims.

• Parsi Marriage and Divorce Act, 1936 – applicable to Parsis.

• Indian Divorce Act, 1869 – applicable to Christians.

   Special Marriage Act, 1954 – applicable to inter-faith or civil marriages.

How is the Amount of Alimony or Maintenance Decided?

Maintenance or alimony does not have a set guideline. It varies by case and is fact-driven, and courts have wide-ranging latitude based on the case facts.

Some of the considerations include:

1. Income of the Husband/Wife

The court evaluates the income of the spouse from whom maintenance is claimed. This includes:

· Salary

· Income from a business

· Income from property

· Income from investments

2. Needs of the claimant

The court will consider the claimants:

· Monthly expenses (food, rent (if applicable) and education, and medical expenses)

· Standard of living while married

· Employment status/employability

3. Standard of living

The purpose of maintenance is for the dependent spouse to be placed in a position as close to the standard of living enjoyed while married.

4. Other dependents

If the payor also has other obligations to provide financial support to children or aging parents, this is a consideration in setting alimony.

5. Duration of the marriage

The longer the marriage, the more likely it leads to a larger amount of alimony if one spouse received little employment or made a career sacrifice during the marriage.

6. Health and age of the parties

Older (and/or unwell) claimants are likely to receive larger amounts of spousal support due to their reduced ability to earn income.

Types of Maintenance Under Indian Law

1. Interim Maintenance

• Awarded temporarily during the divorce proceedings or the separation process.

• Assists with daily living expenses like rent, food, and legal expenses

2. Permanent Maintenance/Alimony

• Awarded at the end of the proceedings.

• Suited to either periodic payment or a one-time lump sum.

Key Legal Provisions and Case Laws

• Section 144, BNSS
  Provides speedy and inexpensive relief to wives, children, and parents. Occasionally, husbands also claim maintenance.

• Hindu Marriage Act, 1955 – Sections 24 and 25

  • Section 24: Interim maintenance during proceedings.[7]

  • Section 25: Permanent alimony after divorce.[8]

• Landmark Case: Rajnesh v. Neha (2020)
  The Supreme Court provided guidelines for maintenance and required detailed affidavits of income, assets, and liabilities to promote fairness and transparency.[9]

Can Working Women Claim Maintenance?

Yes. An employed woman can also apply for maintenance when:

• They are also working but are not earning enough to support the lifestyle during marriage.

• They have dependents - for example, children.

• They have a physical or mental barrier to support themselves, or other good reasons.

The Courts may also take into account the income of each spouse when deciding the future.

Can a Man Claim Maintenance?

Less typically, there are also thresholds where men can get maintenance:

• If they are physically or mentally unable to earn an income.

•  If their wife is better off and able to support them.

• If they are financially dependent on their wife.

These applications would be made through Sections 24 or 25 of the Hindu Marriage Act or similarly applicable sections of the Special Marriage Act.

How Much Alimony is Typically Awarded?

There is no set percentage; however, the law provides guidance and baselines. For example:

• Monthly maintenance would be around 20% to 33% of the payer's net income.

• An agreed lump-sum alimony settlement may range from one-fourth to one-third of the payer's total worth.

None of these percentages is fixed, and the final amounts will depend on the facts and findings throughout the trial and in the ultimate decision by a Court.

Is Maintenance Taxable?

• Monthly maintenance is taxable in the hands of the receiver.

• Lump-sum alimony, when settled as a one-time payment, generally is not taxed under Indian laws.

Can Maintenance Be Denied?

Yes. Maintenance can be denied if:

• The claimant is committing adultery (depending on personal laws).

• The claimant has sufficient income or is remarried.

• The claimant has earning capacity but is freely unemployed without just cause.

In conclusion, Various laws on alimony and maintenance in India protect financially weaker spouses and attempt to ensure that spouses do not run out of resources or become impoverished after separation or divorce. In determining maintenance obligations, the law does not provide for a fixed amount and generally requires that courts balance the claimant's needs against the payor's ability to pay. Financial information should be disclosed honestly and clearly to assist the court in coming up with a workable solution. Seeking legal advice from proper family law solicitors or lawyers is again recommended to obtain fair support.