How Is Spousal Support Or Alimony Calculated And Determined In India?

When I was going through my divorce, one of the biggest questions I faced was: “Will I get any financial support after divorce?”

That’s when I learned about alimony, also called spousal support, a court-ordered payment one spouse gives to the other to ensure Legal maintenance after divorce and financial stability.

In India, alimony is not a one-size-fits-all concept. It is shaped by religion, income levels, and several personal and legal factors. Let’s break it down.

The Laws That Decide Alimony: Know Your Legal Rights

When I consulted my lawyer, the first thing we did was figure out which law applies to my marriage. Here’s what you should know:

For Hindus: Hindu Marriage Act, 1955

• Section 24: Temporary maintenance during case.
• Section 25: Permanent alimony (one-time or regular support).

For Interfaith or Civil Marriages: Special Marriage Act, 1954

Section 37: Covers permanent alimony just like the Hindu law.

For Muslims: Personal Law + Section 125 CrPC/ Section 144 BNSS

• Maintenance during iddat period under the 1986 Act.
• After iddat, a divorced Muslim woman can claim maintenance under Section 125 CrPC/ Section 144 BNSS.

For Christians: Indian Divorce Act, 1869

Section 37 allows lifetime alimony or until remarriage.

For Parsis: Parsi Marriage & Divorce Act, 1936

Sections 39 & 40 give both spouses the right to maintenance.

Secular Law for All: Section 125 CrPC/ Section 144 BNSS

I was surprised to learn this is a universal safety net, available to any wife (irrespective of religion) who cannot maintain herself.

What the Court Really Looks at Before Granting Alimony: How is alimony calculated in India?

When my case reached the court, these were the real-life factors they considered:

• Financial Status of Both Spouses: We both had to submit detailed income affidavits (as per Kusum Sharma v. Mahinder Kumar Sharma). Transparency was non-negotiable.
• Lifestyle During Marriage: The court asked: “Can the dependent spouse maintain the same lifestyle post-divorce?”
• Age and Health: My age and medical records mattered, they influenced how long and how much I could support myself.
• Duration of Marriage: Longer marriages typically lead to higher support. Short-term marriages might result in nominal maintenance.
• Earning Capacity: Manish Jain v. Akanksha Jain set a precedent, if the wife is earning well, she may not get alimony. It worked both ways in my case, we both had incomes, but mine was significantly lower.
• Custody of Children: Since I got custody of our child, the maintenance included child-related expenses too.
• Conduct During Marriage: Allegations like cruelty or desertion do affect outcomes. Be honest, courts don’t take misconduct lightly.

How Can Alimony Be Paid? 

There are three ways alimony is typically paid. The types of alimony in India are:

• Lump Sum: One-time amount. I personally found this more convenient, it gave me closure and helped me plan long-term.
• Periodic (Monthly/Yearly): Common for long-term support.
• Interim Maintenance: Granted during the ongoing court case, which helped me manage my rent and legal costs.

Key Alimony Judgments You Should Know: Supreme Court Cases on Alimony 

• Shah Bano Case (1985): Muslim women can claim post-iddat support under Section 125 CrPC (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita. This was eye-opening for one of my friends going through a similar situation.
• Rajnesh v. Neha (2020): Guidelines were issued for income disclosure, which ensured fairness in my case.
• Chand Dhawan v. Jawaharlal Dhawan (1993): Important for those still deciding whether to file for judicial separation or divorce, no decree, no permanent alimony.

Is Alimony Taxable in India?

This part got me confused until my CA explained it:

• Lump Sum Alimony: Not taxable (considered capital receipt).
• Monthly Alimony: Taxable in the hands of the recipient under Income Tax Act, 1961.

Tip from experience: Get tax advice before finalizing terms in court.

Final Thoughts: Alimony Isn’t About Winning, It’s About Stability

Going through a divorce is emotionally and financially draining. But understanding your rights and responsibilities under alimony laws can empower you.

For me, having clarity on legal provisions and case precedents helped me negotiate with confidence and plan my financial future.

If you are facing a similar situation, don’t navigate it alone, consult a family lawyer for alimony early. It can make all the difference.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Can alimony be claimed after mutual divorce in India?

Yes. Even in mutual consent divorce, the spouse can claim alimony if there’s a financial imbalance, and terms can be mutually agreed upon or court-ordered.

2. Is there a minimum or maximum limit for alimony in India?

There is no fixed limit. The amount is based on case facts like income, needs, lifestyle, and duration of marriage. Courts have full discretion.

3. How long does it take to get alimony in India?

It varies. Interim alimony can be granted in weeks; final alimony is usually decided along with the divorce, which may take several months to years.

4. Can alimony be waived through mutual agreement?

Yes. Both parties can mutually agree to waive or settle alimony. However, it must be recorded in court for legal validity.