Getting divorced in India almost always brings up one difficult question: who pays whom, and how much? Alimony, also called spousal maintenance, is one of the most misunderstood parts of Indian family law. Some people think only wives can claim it. Others assume there’s a fixed formula, like “one third of income.” Neither is fully true.

This guide breaks down alimony law in India in plain language, covering every religion’s legal framework, the different types of alimony, how courts actually calculate the amount, and the most important Supreme Court rulings from 2025 that are reshaping how alimony is decided in 2026. Whether you’re preparing for a divorce, responding to a maintenance claim, or simply want to understand your rights, this article covers everything you need.

What Is Alimony? The Simple, Legal Definition

Alimony is the financial support that one spouse pays to the other during or after divorce proceedings, so that the financially weaker spouse isn’t left destitute. In Indian law, the terms “alimony” and “maintenance” are often used interchangeably, though “maintenance” is the term more commonly used in statutes.

The core idea behind alimony is simple: marriage often creates financial dependency, especially when one partner sacrifices a career to manage the household or raise children. When the marriage ends, the law steps in to prevent that dependent spouse from facing sudden financial hardship.

Alimony can be paid as a lump sum, as monthly instalments, or as a combination of both. It can be awarded to a wife, and in certain circumstances, to a husband as well, since Indian maintenance law is largely gender neutral outside of a few religion specific statutes.

Who Can Claim Alimony in India? Eligibility in 2026

Contrary to popular belief, alimony is not automatic just because a marriage ends. A person generally needs to show three things to succeed in an alimony claim.

• They do not have sufficient independent income or means to maintain themselves at a reasonable standard.
• The other spouse has the financial capacity to pay.
• There is a valid marriage, or in some cases, a marriage that a court has found void or voidable but still deserving of equitable relief.

Here’s who is typically eligible to claim alimony in India:

• Wives, whether working or non-working, can claim maintenance under nearly every personal law and under Section 144 of the BNSS.
• Husbands can claim maintenance from a wife who has independent income, though courts apply this less frequently and scrutinise such claims closely.
• Minor children are entitled to maintenance from either parent, regardless of who has custody.
• Adult children with a physical or mental disability that prevents them from supporting themselves can also claim maintenance.
• Dependent parents who cannot maintain themselves can claim support from their children under BNSS Section 144.

An important 2026 update worth noting: courts are increasingly looking at “genuine need and genuine capacity” rather than gender alone. Recent Supreme Court rulings have made clear that an unemployed husband cannot be forced to pay alimony he genuinely cannot afford, just as a financially independent wife cannot expect maintenance simply because she was once married.

Alimony Laws in India: Religion-wise Legal Framework

India does not have one uniform alimony law. Instead, the applicable law depends on the religion under which the marriage was solemnised, along with a secular, religion neutral provision that applies to everyone. Here is how each framework works.

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

For Hindus, Buddhists, Sikhs, and Jains, the Hindu Marriage Act, 1955 governs alimony.

• Section 24 allows either spouse to claim interim maintenance and litigation expenses while the divorce case is pending in court. This is often called maintenance pendente lite.
• Section 25 empowers courts to grant permanent alimony and maintenance at the time of passing a decree, or even afterward through a separate application. This can be a lump sum, periodic payments, or a combination, and the court has wide discretion to decide the form and quantum.

The Hindu Adoption and Maintenance Act, 1956 works alongside this, giving a Hindu wife the right to be maintained by her husband even without seeking divorce, unless she is proven to have been unchaste or has converted to another religion.

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

From 1 July 2024, Section 125 of the old Code of Criminal Procedure was replaced by Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This is a secular provision that applies to every citizen, regardless of religion.

Key features of Section 144 BNSS:

• It allows a wife (including a divorced wife who has not remarried), minor children, disabled adult children, and dependent parents to claim monthly maintenance.
• It applies when a person with sufficient financial means neglects or refuses to maintain a dependent.
• Interim maintenance applications should, as far as possible, be decided within 60 days of the date the notice is served on the other party.
• Proceedings are summary in nature, meaning they are meant to be quick and are not bound by the same rigid evidentiary rules as a civil trial.
• A wife loses her right to claim maintenance under this section if she is living in adultery, refuses to live with her husband without sufficient reason, or the couple is separated by mutual consent.

Because this provision is religion neutral, it is the most commonly used route for interim relief, even by Muslim and Christian women, alongside their personal law remedies.

3. Muslim Law

Alimony for Muslim women in India involves a layered legal structure.

• Under Muslim personal law, a husband must pay “mehr” (dower) and maintenance during the iddat period following divorce.
• The Muslim Women (Protection of Rights on Divorce) Act, 1986 originally limited a husband’s maintenance obligation to the iddat period, but courts have since interpreted it more broadly, particularly the landmark Danial Latifi judgment, which held that a “reasonable and fair provision” must extend beyond iddat if the woman cannot maintain herself.
• Muslim women also retain the right to seek maintenance under the secular BNSS Section 144, and courts have repeatedly confirmed that this right exists independently of personal law, ensuring Muslim women are not left without a remedy.

4. Christian Law — Divorce Act, 1869

For Christians, alimony is governed by Sections 36 and 37 of the Indian Divorce Act, 1869.

• Section 36 deals with alimony pendente lite, or interim maintenance during the pendency of divorce proceedings.
• Section 37 allows courts to order permanent alimony after the divorce decree, either as a gross lump sum or periodic payments, secured in a manner the court thinks fit.

Courts assess the wife’s own income (if any), the husband’s ability to pay, and the conduct of both parties when deciding the amount under this Act.

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

For inter-religious or civil marriages solemnised under the Special Marriage Act, 1954, alimony is governed by:

• Section 36, covering interim maintenance and litigation expenses during pending proceedings.
• Section 37, covering permanent alimony and maintenance, granted as a gross sum, periodical payments, or a mix, for a term not exceeding the recipient’s lifetime.

These provisions mirror the structure of the Hindu Marriage Act quite closely, giving courts similar discretion regardless of the spouses’ individual religions.

Types of Alimony in India — Explained Simply

Not all alimony works the same way. Indian courts recognise several distinct categories, and understanding which one applies to your situation matters a great deal.

Interim Alimony (Pendente Lite)

This is temporary financial support paid while the divorce case is still ongoing in court. Since litigation in India can stretch for years, interim alimony ensures the financially dependent spouse and children aren’t left without support during that period. It is granted under Section 24 of the Hindu Marriage Act, Section 36 of the Divorce Act and Special Marriage Act, and Section 144 of the BNSS.

Permanent Alimony

This is the maintenance amount decided once the divorce is finalised. It can be a one-time lump sum settlement or a recurring monthly or annual payment, and in many cases, a combination of both. Permanent alimony is meant to provide long-term financial security and typically continues until the recipient remarries, becomes self-sufficient, or the court modifies the order due to changed circumstances.

Rehabilitative Alimony

This type is awarded for a limited period, usually to help a spouse (often one who paused their career for the marriage) become financially independent again. It might cover the cost of upskilling, further education, or the time needed to re-enter the workforce. Indian courts don’t always use this exact label, but the underlying concept appears frequently in judgments that award time-bound support instead of lifelong maintenance.

Restitutory / Compensatory Alimony

This form recognises non-financial contributions, such as years spent managing the household, raising children, or supporting the other spouse’s career growth. Courts increasingly treat homemaking as an economic contribution deserving compensation, not just a personal choice, when deciding the quantum of permanent alimony.

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

One of the most searched questions is whether India has a fixed alimony formula, like “one third of the husband’s salary.” The honest answer is no. Indian courts have consistently rejected a rigid mathematical formula in favour of a holistic, fact based assessment.

That said, the landmark 2020 Supreme Court ruling in Rajnesh v. Neha laid down clear guiding factors that family courts across India now follow when fixing the quantum of maintenance.

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

Building on Rajnesh v. Neha and refined through subsequent 2024-25 rulings, courts typically weigh these factors together:

1. Status and standard of living of both spouses during the marriage, since maintenance should reflect a reasonably comparable lifestyle, not just bare survival.
2. Reasonable needs of the spouse and any dependent children, including housing, food, education, and healthcare.
3. Educational and professional qualifications of the claimant, and whether they are capable of earning independently.
4. Whether the claimant has an independent source of income, and if so, whether it is adequate.
5. Employment history, including whether the spouse worked before marriage, gave up a job for the family, or sacrificed career growth for child-rearing or caregiving.
6. Income and financial capacity of the paying spouse, verified through mandatory affidavits of assets, income, and liabilities.
7. Number of dependents the paying spouse is legally responsible for, such as children from the marriage, elderly parents, or a second family.
8. Conduct of the parties, including whether either spouse is trying to hide income, has behaved in a manner disentitling them to relief, or is deliberately remaining unemployed to avoid payment.

Courts also insist on mandatory disclosure of income and assets through a sworn affidavit from both spouses, a practice made compulsory after Rajnesh v. Neha, precisely to prevent parties from underreporting their earnings.

Practical Calculation Example

Consider a working husband earning a net monthly income of Rs. 1,50,000, married for 12 years, with a non-working wife who has an undergraduate degree but has been out of the workforce since marriage, and one school-going child.

A family court would typically look at:

• The husband’s fixed monthly expenses, existing loans, and other dependents.
• The wife’s reasonable monthly needs for herself and the child, based on the family’s established standard of living.
• Whether the wife can realistically re-enter the workforce, and how long that might take.

In such a scenario, courts often award a combined maintenance figure that falls somewhere between 20 to 30 percent of the husband’s net income for the wife and child together, though this is only a general trend seen across judgments, not a binding percentage. The actual figure always depends on the specific facts placed before the court.

Featured Case: Supreme Court 2025 Landmark Ruling on Alimony

2025 was a defining year for Indian alimony jurisprudence, with the Supreme Court delivering several rulings that clarified how courts should approach maintenance in modern, complex family situations.

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

In this case, decided on 29 May 2025, the Calcutta High Court had earlier fixed permanent alimony at Rs. 20,000 per month, with a 5 percent increase every three years. The wife approached the Supreme Court, arguing that this amount did not reflect her husband’s actual income or the standard of living she had enjoyed during the marriage.

The Supreme Court, led by Justice Vikram Nath, nearly doubled the alimony, enhancing it from Rs. 20,000 to Rs. 50,000 per month. The Court reasoned that a divorced wife who remains unmarried and financially dependent is entitled to maintenance that genuinely reflects the standard of living she was accustomed to during the marriage, not a token amount disconnected from the husband’s real earning capacity. This judgment is now widely cited to argue against inadequate or stagnant alimony awards.

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

Decided in August 2025, this case dealt with the opposite scenario, a wife’s claim for a massive alimony sum against a husband who was genuinely unemployed and caring for a child with autism. The Supreme Court refused to grant the claimed amount, holding that alimony cannot be imposed on a husband simply because a marriage failed, when he has no current income or means to pay.

This ruling is significant because it firmly establishes that unemployment, if genuine, is a valid and complete defence against an alimony claim. The Court also used the opportunity to criticise derogatory language used by a lower court to describe a woman in a separate part of the case, reinforcing that judicial language must respect the dignity of all parties under Article 21 of the Constitution.

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

Decided in January 2025, this case confirmed that Indian courts have the discretion to award a one-time lump sum alimony instead of ongoing monthly payments, especially where continued monthly contact between the parties would be impractical, such as when the husband has remarried and started a second family. The Supreme Court directed a one-time settlement, reinforcing that lump sum alimony offers finality and reduces the risk of prolonged post-divorce litigation over non-payment.

Alimony in Special Situations — Your Most Searched Questions

Alimony When Wife Is Working

A working wife can still claim alimony if her income is insufficient to maintain the same standard of living she had during the marriage, or if there is a significant income gap between her and her husband. Courts don’t deny maintenance simply because a wife earns something; they compare her income against her reasonable needs and her husband’s financial standing.

Alimony When Husband Is Unemployed

If a husband is genuinely unemployed, as confirmed in ABC v. State of Maharashtra (2025 INSC 926), courts are unlikely to order alimony he cannot realistically pay. However, if the unemployment appears deliberate, such as quitting a stable job right after divorce proceedings begin, courts can impute income based on his qualifications, work history, and earning potential, rather than accepting his stated income at face value.

How Long Is Alimony Paid in India?

Permanent alimony can technically continue for the recipient’s lifetime unless it ends earlier. It typically stops if the recipient remarries, becomes financially self-sufficient, is found to be in a live-in relationship, or if the paying spouse’s financial situation changes so drastically that the court modifies the order. Rehabilitative alimony, by contrast, is usually time-bound and often runs for a few years rather than a lifetime.

Alimony for Void and Voidable Marriages

Even when a marriage is declared void or voidable, courts can still grant maintenance pendente lite and, in appropriate cases, permanent alimony under Section 25 of the Hindu Marriage Act. Whether such relief is granted depends heavily on the facts and the conduct of the parties, since this relief is discretionary rather than automatic.

What If Your Spouse Refuses to Pay Alimony?

Non-payment of court-ordered alimony is a serious matter, and Indian law provides several enforcement tools.

• Execution proceedings can be filed in the same family court to recover the unpaid amount as arrears.
• Under Section 144 BNSS, courts can issue a warrant for recovery, and failure to pay can result in imprisonment of up to one month for each month of default, or until payment is made, whichever comes earlier.
• Salary attachment is possible for salaried individuals, where the court can direct the employer to deduct maintenance directly from wages.
• Property attachment can be ordered against the defaulting spouse’s assets to recover pending dues.
• Contempt of court proceedings can be initiated if the person willfully disobeys a maintenance order despite having the means to pay.

Documenting every missed payment with dates and amounts is essential, since courts rely heavily on this record when deciding enforcement action.

Tax Treatment of Alimony in India

There is no dedicated section in the Income Tax Act that directly addresses alimony, so its tax treatment has developed through years of court rulings rather than a single clear statute. Based on established judicial precedent, here’s how it generally works:

• Lump sum alimony, paid as a one-time, full and final settlement, is treated as a capital receipt and is not taxable in the recipient’s hands.
• Periodic alimony, paid monthly or at regular intervals, is treated as a revenue receipt and is taxable as “Income from Other Sources” in the recipient’s hands, at their applicable slab rate.
• The paying spouse cannot claim any tax deduction for alimony paid, whether it is a lump sum or periodic.
• If alimony is paid through a transfer of property, jewellery, or shares before the divorce is legally finalised, it may qualify as a tax-free gift from a relative under the Income Tax Act, though timing matters significantly for this exemption.
• Any income later earned from assets received as alimony, such as rental income from a house, is taxable in the recipient’s hands going forward.

Because tax outcomes can shift significantly based on how a settlement is structured, consulting a chartered accountant before finalising the alimony agreement is strongly advisable.

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

1. Consult a family law advocate to determine which law applies to your marriage and which forum, family court or magistrate’s court, is appropriate for your situation.
2. Gather financial documents, including salary slips, bank statements, income tax returns, and proof of assets for both spouses, wherever available.
3. File the appropriate application, such as under Section 24 or 25 of the Hindu Marriage Act, Section 144 of the BNSS, or the corresponding section of your applicable personal law.
4. Submit an affidavit of assets and income, which is now mandatory in most maintenance proceedings following the Rajnesh v. Neha guidelines.
5. Attend court hearings, where both parties present evidence of income, expenses, and standard of living.
6. Receive the court’s order, which will specify the amount, whether it is a lump sum or periodic payment, and the date from which it applies.
7. Pursue enforcement if needed, using execution proceedings, salary attachment, or contempt action if the other party fails to comply.

Frequently Asked Questions About Alimony in India (2026)

Can a husband claim alimony from his wife in India?

Yes. Under Section 144 of the BNSS and several personal law provisions, a husband without independent income can claim maintenance from a wife who has sufficient means, though courts examine such claims carefully.

Is there a fixed percentage rule for calculating alimony in India?

No. Indian courts reject a rigid formula and instead assess each case individually based on income, needs, standard of living, and other factors from Rajnesh v. Neha.

Does alimony stop if the recipient remarries?

Yes. Remarriage of the recipient spouse automatically ends their right to receive further alimony under Indian law.

Can alimony be modified after it is fixed by the court?

Yes. Either party can approach the court for modification if there is a significant, genuine change in financial circumstances on either side.

Is one-time lump sum alimony better than monthly payments?

It depends on individual needs. Lump sum alimony offers finality and is tax-free, while monthly payments provide ongoing security but are taxable as income.

Can a working wife still be denied alimony?

Yes, if her income is sufficient to maintain a reasonable standard of living comparable to what she had during the marriage, courts may reduce or deny additional alimony.

What happens if the paying spouse hides their real income?

Courts can impute income based on lifestyle, past earnings, and qualifications if there is evidence that a spouse is deliberately concealing their true financial position.

Do live-in partners have any right to alimony in India?

Generally no, unless the relationship qualifies as one “in the nature of marriage” under the Protection of Women from Domestic Violence Act, 2005, which allows limited maintenance claims in specific circumstances.

Can in-laws be made to pay alimony?

No. The legal obligation to pay alimony rests solely with the spouse, not with parents-in-law or other family members.