Going through a divorce is hard enough without having to decode legal jargon at the same time. If you’ve typed “alimony in India” into a search bar today, you probably have a very specific question in mind: How much will I get, or how much will I have to pay?

The honest answer is that there is no single number. Indian courts don’t use a fixed formula the way some countries do. Instead, alimony depends on your religion, the law you married under, your income, your spouse’s income, and a set of factors the Supreme Court has refined through several rulings in 2025 alone.

This guide breaks down everything currently in force: the religion-wise laws, the four types of alimony, how courts actually calculate the amount, three major 2025 Supreme Court judgments that are already shaping outcomes in family courts, and the practical steps to file a claim. Nothing here is generic filler. Every rule and case cited below has been checked against the source judgment or a verified legal record so you’re not relying on outdated blog posts from 2019.

What Is Alimony? The Simple, Legal Definition

Alimony is the financial support one spouse is legally required to pay the other during or after divorce proceedings, so the financially weaker spouse isn’t left without means to live with reasonable dignity.

In Indian law, the word “alimony” is used loosely by the public, but statutes actually use the term “maintenance.” The two are treated as interchangeable in everyday conversation, but there’s a subtle distinction worth knowing:

• Maintenance usually refers to ongoing financial support, including support during a marriage or while proceedings are pending.
• Alimony typically refers to the amount fixed at the time of, or after, divorce or judicial separation.

Courts have repeatedly clarified that alimony is not a penalty imposed on the paying spouse. It is compensation that recognises the non-financial contributions of homemaking, caregiving, and career sacrifices made during the marriage, and it aims to help the recipient maintain a standard of living reasonably close to what they had during the marriage.

Importantly, Indian alimony law is gender-neutral in principle. Under the Hindu Marriage Act and the Special Marriage Act, either spouse, husband or wife, can claim maintenance if they can show financial need and the other party’s capacity to pay.

Who Can Claim Alimony in India? Eligibility in 2026

Not everyone going through a divorce is automatically entitled to alimony. Courts generally look at whether the claimant satisfies these conditions:

• Lack of sufficient independent income or assets to maintain themselves at a reasonable standard.
• The other spouse has the financial capacity to pay, based on salary, business income, property, or other assets.
• A valid marriage exists or existed, though courts have now extended limited relief even to certain void marriages (explained later in this guide).
• No disqualifying conduct, such as living in adultery, that would bar a maintenance claim under specific statutes like Section 125 of the old CrPC (now Section 144 BNSS) or Section 25 of the Hindu Marriage Act.

A common misconception is that only wives can claim alimony. That’s incorrect. Husbands who are unemployed, disabled, or earning significantly less than their wives can and do successfully claim maintenance in Indian courts, a point reinforced by recent Supreme Court decisions discussed further down.

Working professionals, homemakers, and even second or subsequent spouses in certain circumstances may be eligible, but eligibility is always fact-specific and decided case by case rather than through a rigid checklist.

Alimony Laws in India: Religion-wise Legal Framework

India does not have a Uniform Civil Code, so alimony rights depend heavily on the personal law governing your marriage. Here is how each major framework works.

1. Hindu Marriage Act, 1955 (Section 24 & 25)

This is the primary law for Hindus, Buddhists, Jains, and Sikhs.

• Section 24 allows either spouse to claim interim maintenance and litigation expenses while divorce proceedings are ongoing (this is called maintenance pendente lite).
• Section 25 empowers the court to grant permanent alimony and maintenance at the time of passing any decree, whether that decree is for divorce, judicial separation, restitution of conjugal rights, or even nullity of marriage. The court can order a gross sum or periodical payments, and can later vary or cancel the order if circumstances change materially, such as the recipient remarrying.

A notable 2025 clarification: courts had for years debated whether Section 25 relief could apply if a marriage was declared void. The Supreme Court settled this ambiguity in early 2025, confirming that even a spouse in a marriage declared void under Section 11 can seek permanent alimony under Section 25, and interim maintenance under Section 24, though this relief remains discretionary and depends on the conduct of the parties.

2. Section 144 of BNSS 2023 (Replaced CrPC Section 125)

Section 125 of the old Code of Criminal Procedure, 1973, was the go-to provision for a quick, religion-neutral maintenance remedy. With the criminal law overhaul, this provision now exists as Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, effective from 1 July 2024.

Key points about this provision:

• It applies to any wife, regardless of religion, who is unable to maintain herself, and also covers children and parents.
• It is a summary, comparatively faster remedy compared to civil suits under personal law.
• It runs independently of, and in addition to, any claim made under personal law like the Hindu Marriage Act, though courts will adjust the total amount to avoid double payment for the same period.
• The substantive standard for who qualifies and how much is payable remains largely the same as it was under the old CrPC Section 125; the BNSS mainly renumbers and modernises procedure.

3. Muslim Law

Maintenance rights for Muslim women in India operate through a mix of statute and personal law:

• The Muslim Women (Protection of Rights on Divorce) Act, 1986 governs maintenance for a divorced Muslim woman primarily during the iddat period, with the husband responsible for reasonable and fair provision during that time.
• Following the landmark Shah Bano case and subsequent judicial interpretation, courts have read the 1986 Act in a way that allows a divorced Muslim woman to claim maintenance extending beyond the iddat period if she is unable to maintain herself, and Muslim women also retain the option of approaching court under Section 144 BNSS (formerly Section 125 CrPC) for maintenance, since that provision is religion-neutral.
• Muslim husbands generally do not have an equivalent statutory alimony claim against their wives under personal law, unlike the gender-neutral provisions available to Hindus and couples married under the Special Marriage Act.

4. Christian Law: Divorce Act, 1869

For Christians, the Indian Divorce Act, 1869 (as amended) governs alimony:

• Section 36 allows for alimony pendente lite, i.e., maintenance during the pendency of divorce proceedings.
• Section 37 allows the court to order permanent alimony after the divorce decree, taking into account the paying spouse’s ability and the recipient’s own income or property.
• Historically this Act favoured wives seeking alimony from husbands, but courts have increasingly applied it in a gender-neutral manner in line with constitutional equality principles.

5. Special Marriage Act, 1954 (Sections 36 & 37)

Couples who marry under the Special Marriage Act, typically inter-faith or civil marriages, are governed by:

• Section 36, which mirrors Section 24 of the Hindu Marriage Act and covers interim maintenance during proceedings.
• Section 37, which mirrors Section 25 of the Hindu Marriage Act and covers permanent alimony after the decree, with the same flexibility to order lump-sum or periodic payments.

Because this Act applies regardless of the parties’ religion, it is the framework used in several of the recent high-value Supreme Court alimony rulings, including the landmark case discussed below.

Types of Alimony in India: Explained Simply

Indian courts don’t use these exact labels in every statute, but in practice, alimony falls into four broad categories.

Interim Alimony (Pendente Lite)

This is temporary financial support ordered while the divorce case is still being heard, so the financially dependent spouse isn’t left without funds during what can be a multi-year legal process. It also usually covers litigation expenses. Courts try to decide applications for interim maintenance reasonably quickly, since delays defeat the purpose of interim relief.

Permanent Alimony

Ordered at the time of, or after, the final divorce decree. It can be a one-time lump sum or ongoing periodic payments (monthly, quarterly, or annually). Permanent alimony is meant to provide long-term financial stability and is calculated based on factors like income, assets, the length of the marriage, and the standard of living during the marriage.

Rehabilitative Alimony

While not always given a separate legal label in Indian statutes, courts frequently structure alimony to help a financially dependent spouse, often one who left a career to raise children, become financially self-sufficient. This may involve time-limited payments meant to support retraining, education, or re-entry into the workforce rather than indefinite support.

Restitutory / Compensatory Alimony

This form aims to compensate a spouse for financial or career sacrifices made during the marriage, such as giving up a job, relocating, or funding the other spouse’s education or business. It is less common as a standalone category but often factors into how courts calculate the final lump sum or periodic amount in a permanent alimony order.

How Is Alimony Calculated in India? (2026 Formula & Factors)

There is no rigid mathematical formula written into Indian statutes. That said, courts, including the Supreme Court, have referred to a rough benchmark: monthly maintenance is often set around 25% of the paying spouse’s net monthly income when payments are periodic, though this is a guiding reference point rather than a binding rule, and courts routinely move above or below it depending on the facts.

The 8 Factors Courts Consider (Established by Supreme Court 2024-25)

Building on the framework laid out in earlier rulings like Rajnesh v. Neha, and reaffirmed through 2025 judgments, courts weigh a combination of the following:

1. Status and standard of living enjoyed by the parties during the marriage.
2. Income and earning capacity of both spouses, including potential income if a spouse is voluntarily unemployed or underemployed.
3. Reasonable needs of the claimant spouse and any dependent children.
4. Educational qualifications and employability of the claimant, since courts increasingly expect able, qualified spouses to work toward self-sufficiency.
5. Duration of the marriage, with longer marriages generally supporting higher or longer-term awards.
6. Assets owned independently by the claimant spouse, including property, investments, or inherited wealth.
7. Number of dependents, such as children or elderly parents, that either spouse is responsible for.
8. Conduct of the parties, including whether the claimant has any disqualifying conduct, and the paying spouse’s actual versus disclosed financial capacity.

Courts have also been firm that a spouse cannot escape maintenance obligations by deliberately understating income or quitting a job to avoid payment; in such cases, courts can impute income based on qualifications, past salary, and lifestyle.

Practical Calculation Example

Suppose a husband earns a verified net monthly income of Rs. 1,20,000, and the wife, a homemaker with no independent income, has been married for 12 years and has one school-going child in her custody.

• Using the rough 25% reference point on the husband’s income alone, monthly maintenance could start around Rs. 30,000.
• The court would then adjust this figure upward or downward based on the standard of living during the marriage, the child’s schooling and medical costs, the husband’s other financial obligations, and whether any assets or lump-sum settlement (like a house) are being awarded alongside monthly maintenance.
• If the parties instead prefer finality, the court can convert this into a one-time lump sum, calculated using the payer’s income, life expectancy considerations, and inflation, rather than an indefinite monthly obligation.

This is illustrative only. Actual outcomes vary significantly based on documentary evidence like income tax returns, salary slips, and bank statements, all of which courts now scrutinise closely.

Featured Case: Supreme Court 2025 Landmark Ruling on Alimony

2025 was an unusually active year for alimony jurisprudence in India. Three Supreme Court decisions in particular are already being cited in family courts across the country.

LANDMARK CASE: Rakhi Sadhukhan v. Raja Sadhukhan (2025 INSC 789)

Decided on 29 May 2025 by a bench of Justices Vikram Nath and Sandeep Mehta, this case arose from a divorce granted under the Special Marriage Act. The Calcutta High Court had earlier fixed permanent alimony at Rs. 20,000 per month, with a 5% increase every three years.

The wife appealed, arguing that this amount didn’t reflect her husband’s actual income or the standard of living the couple enjoyed during the marriage. The Supreme Court agreed, and:

• Enhanced permanent alimony from Rs. 20,000 to Rs. 50,000 per month, a more than two-fold increase.
• Revised the escalation clause to a 5% increase every two years instead of three, to better account for inflation.
• Upheld the transfer of the matrimonial flat to the wife’s name.
• Reasoned that a divorced spouse who remains unmarried and financially dependent is entitled to a standard of living reflective of what she enjoyed during the marriage, and one that reasonably secures her future.

This ruling is significant because it treats alimony as a living, inflation-adjusted obligation rather than a fixed, one-time number, setting a template that other courts are now following.

IMPORTANT CASE: ABC v. State of Maharashtra (2025 INSC 926): Unemployed Husband

Decided on 5 August 2025 by a three-judge bench led by Chief Justice B.R. Gavai, along with Justices K. Vinod Chandran and N.V. Anjaria, this case is often misunderstood in online discussions, so it’s worth clarifying the actual facts.

The husband, previously employed at a private bank, argued that he had genuinely lost his job and was now caring for a differently-abled child from a prior marriage. The wife, a qualified engineer with a postgraduate management degree who was gainfully employed, sought a large permanent alimony and full ownership of a jointly held apartment.

The Supreme Court:

• Accepted the husband’s claim of genuine unemployment, refusing to rely on an outdated LinkedIn profile as proof of continued employment.
• Held that the wife’s own qualifications, work experience, and employment meant she had the capacity to maintain herself.
• Ruled that the husband’s responsibility toward his child and his actual current financial status were relevant considerations that reduced his obligation.
• Directed that the gift of an encumbrance-free apartment to the wife, already agreed upon, was sufficient compensation, and declined to burden the husband with further monthly alimony.

The takeaway: courts genuinely assess both spouses’ actual financial capacity. A working, qualified spouse does not automatically get a large award just because the marriage failed, and a spouse who has become authentically unemployed is not forced to pay what they cannot afford.

CASE: SAU. JIYA v. KULDEEP (2025 INSC 135): Lump-Sum Alimony in Void Marriage

Decided on 31 January 2025 by Justice Vikram Nath, this case involved a short marriage marked by allegations of cruelty on both sides, with the added complication that the husband had gone on to contract a second marriage.

Rather than continuing indefinite litigation between two parties whose relationship had irretrievably broken down, the Supreme Court:

• Upheld the divorce decree granted on the ground of cruelty.
• Ordered a one-time lump-sum payment of Rs. 10,00,000 to the wife as full and final settlement, in place of ongoing monthly maintenance.
• Reasoned that a lump-sum settlement served the interests of both equity and finality, protecting the wife’s interests without placing an unreasonable or punitive burden on the husband.

Read alongside the Supreme Court’s separate February 2025 clarification (in Sukhdev Singh v. Sukhbir Kaur) that maintenance under Sections 24 and 25 of the Hindu Marriage Act can extend even to marriages declared void, this case reinforces a broader shift: courts are increasingly comfortable using lump-sum settlements to bring finality to messy, protracted matrimonial disputes.

Alimony in Special Situations: Your Most Searched Questions

Alimony When Wife Is Working

A working wife is not automatically barred from alimony. Courts look at the income gap between spouses, not just whether the wife earns something. If a wife earns Rs. 15,000 a month and the husband earns Rs. 1,20,000, the disparity is significant enough that courts may still award partial alimony to help bridge the gap and preserve her standard of living. However, as seen in the ABC v. State of Maharashtra case, a well-qualified, gainfully employed wife may receive little or no ongoing monthly alimony if the husband’s own financial capacity is limited.

Alimony When Husband Is Unemployed

Genuine unemployment is a valid factor courts consider, and the Supreme Court has confirmed that alimony cannot be forced from a husband who has authentically lost his job and lacks the means to pay. However, if unemployment appears strategic, for instance, a spouse quitting a stable job shortly before or during proceedings, courts can impute income based on qualifications, past earnings, and lifestyle, and calculate maintenance accordingly.

How Long Is Alimony Paid in India?

There’s no single fixed duration. Permanent alimony can run indefinitely, particularly for older, financially dependent spouses, or it can be structured as rehabilitative support for a defined number of years. Alimony typically ends if the recipient remarries, and courts can modify or terminate an order if there’s a material change in either party’s financial circumstances. A one-time lump-sum settlement, once paid, closes the matter for good.

Alimony for Void and Voidable Marriages

Historically, there was confusion over whether a spouse in a void marriage (one invalid from the start under Section 11 of the Hindu Marriage Act) could claim any financial relief at all. The Supreme Court has now clarified that maintenance and permanent alimony can be granted even in such cases under Sections 24 and 25 of the Hindu Marriage Act, though this relief is discretionary and depends heavily on each party’s conduct and circumstances, unlike relief in a valid marriage which is more clearly a matter of right.

What If Your Spouse Refuses to Pay Alimony?

Non-payment of court-ordered alimony is not just a civil issue; it carries real enforcement consequences:

• Execution proceedings: The recipient can file an execution petition in the same court that passed the order, seeking recovery of arrears.
• Attachment of property or salary: Courts can order attachment of the defaulting spouse’s salary, bank accounts, or property to recover unpaid amounts.
• Civil imprisonment: Under civil procedure law, a court can, in appropriate cases, order imprisonment of a defaulter for a limited period as a coercive measure, though this is used cautiously and not as a routine first step.
• Contempt of court: Deliberate, wilful non-compliance with a court order can attract contempt proceedings, as seen in some of the recent Supreme Court cases where contempt petitions ran alongside the main alimony dispute.

If you’re facing non-payment, the practical first step is usually a written demand or legal notice, followed by an execution petition if payment still doesn’t follow. Courts generally act faster on enforcement than on the original alimony determination itself, since the underlying entitlement has already been settled.

Tax Treatment of Alimony in India

Tax treatment depends entirely on how the alimony is paid, and this is one of the most frequently misunderstood areas.

• Lump-sum, one-time alimony is generally treated as a capital receipt and is not taxable in the hands of the recipient. This position has been consistently upheld in tax rulings, including Princess Maheshwari Devi of Pratapgarh v. CIT and ACIT v. Meenakshi Khanna, which held that a lump sum paid in exchange for relinquishing the right to future periodic maintenance compensates for giving up a right, rather than constituting income.
• Monthly or periodic alimony is generally treated as a revenue receipt and is taxable in the recipient’s hands under the head “Income from Other Sources.”
• The paying spouse cannot claim a tax deduction for alimony paid, whether it’s a lump sum or periodic, under either the old Income Tax Act, 1961, or its successor.
• Asset transfers, such as a house given as part of a settlement, carry their own tax implications; transfers made before the divorce is finalised may be treated differently from those made after, since the “relative” exemption under gift-tax rules typically ceases to apply once the marriage has ended.
• From 1 April 2026, the Income-tax Act, 2025 replaced the Income-tax Act, 1961, as India’s governing direct tax statute. It does not create a separate, explicit alimony provision either, so the established case-law position (lump sum non-taxable, periodic payments taxable) continues to apply in practice until further judicial clarification emerges under the new Act.

Given how much money can be involved in high-value settlements, it’s worth structuring the payment method (lump sum versus periodic) with both legal and tax advice in mind, since the choice materially affects the recipient’s post-divorce tax liability.

Step-by-Step Process: How to Claim Alimony in India

1. Consult a family law advocate to determine which statute applies to your marriage (Hindu Marriage Act, Special Marriage Act, personal Muslim law, Christian Divorce Act, or the religion-neutral BNSS Section 144 route).
2. Gather financial documents, including income tax returns, salary slips, bank statements, and proof of assets, for both yourself and, where possible, your spouse.
3. File the appropriate application, such as an application for interim maintenance under Section 24 HMA (or Section 36 Special Marriage Act) alongside your main divorce petition, or a standalone application under Section 144 BNSS.
4. Attend mediation or settlement conferences, since many family courts encourage parties to negotiate maintenance terms before a contested hearing, and a mutually agreed lump sum can often resolve matters faster than prolonged litigation.
5. Present evidence at the hearing, focusing on your actual needs, the standard of living during the marriage, and verified proof of your spouse’s income and assets.
6. Obtain the court order, which will specify whether the alimony is a lump sum, periodic payment, or a combination, along with any escalation clause for inflation.
7. Enforce the order if needed, through execution proceedings if your spouse fails to comply after the order is passed.

Throughout this process, timelines vary by court and case complexity, but interim maintenance applications are generally meant to be decided reasonably quickly so the dependent spouse isn’t left without support during a lengthy divorce trial.

FAQs

Q1. Is there a fixed percentage rule for alimony in India? No fixed statutory rule exists, but courts often reference roughly 25% of the paying spouse’s net income as a starting benchmark for monthly maintenance, adjusting it based on the specific facts of each case.

Q2. Can a husband claim alimony from his wife in India? Yes. Under the Hindu Marriage Act and the Special Marriage Act, either spouse can claim maintenance if they can show genuine financial need and the other spouse’s capacity to pay.

Q3. Does alimony stop if the recipient remarries? Generally yes. Courts typically terminate ongoing periodic alimony once the recipient remarries, though a one-time lump-sum settlement already paid usually cannot be reclaimed.

Q4. Can alimony be paid as a one-time lump sum instead of monthly? Yes. Courts can and increasingly do order a one-time lump-sum payment instead of monthly alimony, as confirmed in cases like Sau. Jiya v. Kuldeep (2025 INSC 135), often to bring finality to a dispute.

Q5. What is Section 144 of BNSS 2023? It’s the renumbered version of the old CrPC Section 125, effective from 1 July 2024. It provides a quick, religion-neutral maintenance remedy for wives, children, and parents unable to maintain themselves.

Q6. Is alimony taxable in India? A one-time lump-sum payment is generally treated as a non-taxable capital receipt, while monthly or periodic alimony is generally taxable as income in the recipient’s hands.

Q7. Can a Muslim woman claim maintenance beyond the iddat period? Yes, under judicial interpretation of the Muslim Women (Protection of Rights on Divorce) Act, 1986, and she can also separately approach court under Section 144 BNSS, which applies regardless of religion.

Q8. What happens if my spouse hides income to avoid paying higher alimony? Courts can impute income based on the spouse’s qualifications, past earnings, and lifestyle if they believe income is being deliberately understated, and can order maintenance accordingly.

Q9. Is alimony available in live-in relationships in India? Limited maintenance protection can be available under the Protection of Women from Domestic Violence Act, 2005, for women in relationships “in the nature of marriage,” but this is narrower and more fact-dependent than alimony available to legally married spouses.

Q10. How is interim maintenance different from permanent alimony? Interim maintenance (pendente lite) is temporary support paid while divorce proceedings are ongoing, while permanent alimony is the final award decided at, or after, the divorce decree.

Conclusion

Alimony law in India isn’t a single rulebook; it’s a layered system built from personal laws, a religion-neutral criminal procedure remedy, and a fast-evolving body of Supreme Court precedent. What’s clear from the 2025 rulings covered in this guide is that Indian courts are moving toward more realistic, inflation-adjusted, and individually tailored outcomes, whether that means a higher monthly figure to match true income, a lump-sum settlement for finality, or a firm no when a claim isn’t genuinely justified.

If you’re heading into a divorce, the single most useful thing you can do is get your financial documentation in order early and speak with a family law advocate who can map your specific marriage, and your specific facts, against the framework laid out above. General guides like this one can tell you what the law says; only a lawyer familiar with your case can tell you what it means for you.