Real-Life Struggles After Divorce: The Reality for Working Women
Imagine a married woman juggling a low-paying job, managing household duties, and suddenly facing a divorce. Even though she earns, she barely makes ends meet.
Indian courts recognize this reality. Alimony isn’t just for homemakers anymore; even working women can be entitled to financial support after divorce, depending on their circumstances.
What the Law Says: Is a Working Wife Entitled for Alimony?
Indian law acknowledges the financial and emotional toll divorce can have. While Section 144 of the The Bharatiya Nagarik Suraksha Snahita, 2023 commonly invoked for alimony, courts also consider other statutes such as the Hindu Marriage Act, 1955, and relevant personal laws.
Key takeaway: A working woman can claim alimony if she is not financially self-sufficient.
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Why Working Women May Still Need Alimony
Even with a steady job, many women:
- Earn significantly less than their spouses
- Support children or elderly parents
- Lack long-term financial stability
- Were financially dependent for most of the marriage
Courts assess if her income allows her to maintain a lifestyle comparable to that during the marriage. If not, she may be granted monthly maintenance or a lump sum.
How Indian Courts Decide: Key Factors That Matter
Before granting alimony to a working wife, courts consider:
- Combined monthly income of both spouses
- Educational background and employability
- Duration of the marriage
- Number of children and custody arrangements
- Standard of living during the marriage
- Health and medical needs
Landmark Judgments You Should Know
Kalyan Dey Chowdhury vs Rita Dey Chowdhury (2017)
The Supreme Court ruled that monthly maintenance should not exceed 25% of the husband’s net salary. In this case, even though the wife worked as a beautician and teacher, she was awarded alimony.
Smt. Nidhi vs Shri Nishant Dubey (2022)
Despite the wife running her own physiotherapy clinic, the court granted her a lump sum alimony of ₹10 lakhs, recognizing the gap between her income and expenses.
Common Misconception:”She’s Earning, So She Doesn’t Deserve Support”
Courts in India don’t automatically deny alimony to working women. They evaluate:
- Whether the woman can maintain herself comfortably
- If she’s living below the standard she enjoyed during marriage
- If she has additional responsibilities like children’s education or rent
Even partial dependency is a valid ground for claiming alimony.
In the case Title X vs Y – CRL.REV.P. 273/2023 & Crl.M.A.6767/2023, on 19th March, 2025 the Delhi High Court turned down the wife’s request for interim maintenance under Section 125 CrPC now ( Section 144 BNSS). The court highlighted that a well-educated, capable woman with work experience should not stay unemployed just to claim maintenance.
Justice Chandra Dhari Singh pointed out that the wife’s decision to live with her parents and later with her maternal uncle seemed like an attempt to appear financially dependent.
The court also referred to a WhatsApp conversation between the wife and her mother, where they discussed how getting a job might hurt her alimony case, suggesting her unemployment was deliberate.
It is clear that women who are qualified should not be encouraged to claim interim maintenance, and advised the wife to seek employment and support herself, unlike women who truly need help due to lack of education or opportunities.
Can a Working Wife Claim Alimony for Her Child Too?
Yes. If the child lives with the mother and the father isn’t contributing fairly, the wife can claim maintenance for the child even if she earns.
Final Thoughts: Every Case Is Unique
Alimony isn’t just about employment status it’s about dignity, financial security, and fairness. Whether you’re a working woman struggling post-divorce or a husband facing an alimony claim, you need personalized legal guidance to navigate this.
Talk to an Expert
At Lead India, we have a network of experienced divorce and family law advocates who will evaluate your unique case, draft petitions, and represent you in court. If you’re unsure about your eligibility or how to proceed:
FAQs
1. Can a highly paid working wife still get alimony?
Yes, if her expenses and lifestyle cannot be maintained solely with her income, she may still be granted alimony. The court assesses the income gap, standard of living, and financial responsibilities before making a decision.
2. Can a working wife claim maintenance for her child too?
Yes, regardless of her employment status, a wife can claim child maintenance from the husband if he is financially capable and the custody is with the wife.
3. Does temporary employment affect alimony decisions?
Yes, if the wife’s job is contractual, temporary, or low-paying, the court may consider this while awarding alimony, especially if she lacks long-term financial stability.
4. Can alimony be denied to a working wife completely?
Yes, in rare cases where the wife is financially independent and earning equal to or more than the husband, courts may deny alimony or grant only a nominal amount.
5. Can a husband challenge alimony awarded to a working wife?
Yes, the husband can appeal the alimony order in a higher court if he believes the wife is financially self-sufficient or if there is an error in the court’s assessment.
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