Alimony in India: Complete Guide to Laws, Types, Calculation & Latest Supreme Court Rulings

Getting divorced and worried about alimony? Whether you are the one paying it or expecting to receive it — this guide will answer every question you have. This is the most up-to-date, legally accurate guide to alimony in India for 2026 — covering recent Supreme Court verdicts, changes under the Bharatiya Nagarik Suraksha Sanhita (BNSS), and real-world calculation examples.

Alimony in India is financial support paid by one spouse to another after separation or divorce. It is governed by personal laws (Hindu Marriage Act, Muslim law, Christian law) and the secular Section 144 of BNSS 2023. Courts decide the amount based on income, marriage duration, lifestyle, and dependency — there is no single fixed formula.

What Is Alimony? The Simple, Legal Definition

Alimony — also called maintenance or spousal support — is the financial obligation one spouse carries toward the other after divorce or separation. The law recognises that marriage creates economic dependencies: one spouse may have sacrificed a career, education, or earning potential for the family. When the marriage ends, those sacrifices must be compensated.

In Indian law, the word used is predominantly ‘maintenance’, though ‘alimony’ is widely understood as the same concept.

Term	Meaning
Alimony	Lump-sum or periodic payment after divorce (permanent settlement)
Maintenance	Ongoing monthly support — during or after divorce proceedings
Interim Maintenance	Temporary support paid while the divorce case is still pending in court
Permanent Alimony	Final court-ordered amount after divorce decree is passed

Who Can Claim Alimony in India? Eligibility in 2026

A very common misconception is that only wives can claim alimony. That is no longer true. Under Section 25 of the Hindu Marriage Act, 1955, either spouse — husband or wife — can apply for permanent alimony. However, in practice, courts most frequently grant it to wives because of the persistent income gap and domestic dependency.

You are eligible to claim alimony if:

• You cannot financially support yourself after divorce
• Your spouse earns significantly more than you
• You were financially dependent during the marriage
• You gave up your career or education for household duties
• You have custody of the children and bear primary childcare expenses
• The marriage was long-term (generally 7+ years gets more favourable consideration)

Key Point — Working Wife: If the wife is earning but there is a significant income gap between the spouses, she can still claim alimony. The court looks at the difference in standard of living, not just whether she earns. A 2025 Supreme Court ruling confirmed this position.

Alimony Laws in India: Religion-wise Legal Framework

India does not have a Uniform Civil Code for divorce and alimony. Different personal laws apply based on religion. Here is a complete breakdown:

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

Applicable to: Hindus, Buddhists, Jains, Sikhs.

• Section 24: Interim maintenance during divorce proceedings — covers day-to-day expenses and legal costs.
• Section 25: Permanent alimony after the divorce decree. Either spouse can claim. Can be revised if circumstances change.
• Alimony ceases on remarriage of the recipient spouse.

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

This is the most important update for 2026. The Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force in July 2024, replacing the Code of Criminal Procedure (CrPC).

• Section 144 BNSS is the new equivalent of Section 125 CrPC.
• It is religion-neutral — any woman (regardless of religion) can claim maintenance under this.
• It introduces a strict 60-day timeline for courts to pass interim maintenance orders.
• It covers divorced wives who have not remarried and cannot maintain themselves.

2026 Update: BNSS Section 144 replaces CrPC Section 125 entirely. If your lawyer or opposing counsel still refers to ‘Section 125 CrPC’, they should now cite Section 144 BNSS instead for all proceedings initiated after July 2024.

3. Muslim Law

Muslim wives traditionally receive maintenance only during the iddat period (approximately 3 months after divorce). However, Section 144 BNSS applies to all women regardless of religion. The Supreme Court has repeatedly held that Muslim divorced women can claim maintenance under BNSS Section 144 if they are unable to maintain themselves.

4. Christian Law — Divorce Act, 1869

Sections 36 and 37 provide for alimony to wives during and after divorce proceedings. The amounts are determined by the court based on the husband’s income and the wife’s needs.

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

Applicable to inter-faith and civil marriages. Provides alimony to the wife during and after proceedings. Either spouse can seek maintenance under certain circumstances.

Types of Alimony in India — Explained Simply

Interim Alimony (Pendente Lite)

This is temporary financial support paid while the divorce case is still going on in court. Divorce cases in India can take months or even years. Interim alimony ensures the financially weaker spouse can survive during this period. It covers rent, food, medical expenses, and children’s needs. Under BNSS 2023, courts are now required to pass interim orders within 60 days.

Permanent Alimony

This is the final financial settlement after the divorce decree is passed. The court can order either periodic monthly payments or a one-time lump sum amount. Once agreed or ordered, it is legally binding. This can be modified later if there is a significant change in circumstances — such as one spouse’s income increasing substantially or the recipient remarrying.

Rehabilitative Alimony

A time-limited form of support designed to help the financially weaker spouse get back on their feet. It is typically awarded for a fixed period (e.g., 3 to 5 years) to allow the recipient to complete education, acquire skills, or secure employment. Common in cases where the spouse sacrificed a career early in the marriage.

Restitutory / Compensatory Alimony

This is awarded to compensate a spouse for specific financial contributions to the marriage — such as financially supporting the other spouse’s education or business, or giving up career opportunities. Courts are increasingly recognising this type of alimony in line with evolving judicial attitudes toward fairness in marriage.

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

There is no fixed mathematical formula for alimony in India. Courts exercise discretion, guided by principles of equity, fairness, and the specific facts of each case. However, Supreme Court judgments have now established eight key factors that every court must consider.

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

Factor	What Court Examines
1. Income of Both Spouses	Salary, business income, rental income, investments
2. Assets & Liabilities	Property owned, loans, EMIs, financial obligations
3. Standard of Living	Lifestyle maintained during the marriage
4. Duration of Marriage	Longer marriage = higher alimony consideration
5. Age & Health	Health conditions that affect earning capacity
6. Conduct During Marriage	Cruelty, desertion, infidelity can affect amount
7. Custody of Children	Primary caregiver often receives higher support
8. Future Earning Capacity	Qualifications, employment prospects of both

As a general practice, Indian courts tend to award between 20% to 30% of the paying spouse’s net monthly income as monthly alimony. For lump-sum settlements, courts generally consider approximately 1/5th of the total estimated lifetime income of the paying spouse, though this varies significantly.

Practical Calculation Example

Example: Husband’s monthly income: Rs. 80,000 | Wife: homemaker, no independent income | Marriage duration: 12 years | Children: 1 child in wife’s custody. Likely range: Rs. 16,000–25,000 per month as alimony, plus Rs. 8,000–12,000 as child maintenance. Note: these are illustrative figures only. Consult Adv. Dhanashree Bankhele for a personalised assessment.

Featured Case: Supreme Court 2025 Landmark Ruling on Alimony

Understanding the law is important. But nothing explains how courts actually apply it better than a real landmark case. Here is the most significant alimony ruling of 2025 that every person going through a divorce should know about.

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

Decided: May 29, 2025 | Court: Supreme Court of India

Background: The couple had been separated for over 17 years. The wife remained unmarried and had no independent income. The husband had remarried and had new financial responsibilities, including supporting aged parents.

What the High Court Had Ordered: Rs. 20,000 per month in permanent alimony.

What the Supreme Court Did: Increased the alimony to Rs. 50,000 per month, with a mandatory 5% increase every two years to account for inflation. The Court also ordered that the ownership of the matrimonial home be transferred to the wife.

Why This Matters for You:

– Inflation is now a recognised factor: What Rs. 20,000 could buy in 2019 is very different from 2025. Courts must adjust for the cost of living.

– Husband’s remarriage does NOT cancel his duty: New family responsibilities do not exempt you from supporting your first wife if she cannot maintain herself.

– Standard of living during marriage is the benchmark: Post-divorce living standard must be reasonably close to what was maintained during the marriage.

– Property can be part of the alimony settlement: Courts may order transfer of the matrimonial home as part of a fair settlement.

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

Decided: August 2025 | Court: Supreme Court of India

Background: A wife sought permanent alimony from her husband. The husband was unemployed at the time.

Court’s Decision: The Supreme Court REFUSED to grant alimony to the wife, holding that where the husband is genuinely unemployed, the claim for alimony is not justified.

Key Takeaway: Alimony in India is about the husband’s ability to pay. If the husband is unemployed and genuinely unable to earn, courts will not impose alimony — even if the wife claims she needs it. This directly answers the frequently searched question ‘Can I get alimony if husband is unemployed?’ — the answer is: very unlikely, unless the unemployment is temporary or voluntary.

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

Decided: January 31, 2025 | Court: Supreme Court of India

Background: Divorce was granted on grounds of cruelty and irretrievable breakdown. The husband had contracted a second marriage.

Court’s Decision: Awarded one-time lump-sum permanent alimony. Affirmed that the court’s duty to ensure financial fairness survives even in cases of irretrievable breakdown.

Key Takeaway: Even in bitter divorces with allegations of cruelty on both sides, courts will ensure the financially dependent spouse receives fair alimony.

Alimony in Special Situations — Your Most Searched Questions

Alimony When Wife Is Working

This is one of the most commonly asked questions. The answer is: yes, a working wife can still receive alimony — but it depends on the income gap. If the wife earns Rs. 15,000 per month and the husband earns Rs. 1,20,000 per month, there is a significant disparity. Courts consider the standard of living maintained during the marriage and may award partial alimony to bridge this gap. The Supreme Court has rejected the argument that a working wife automatically forfeits her right to alimony.

Alimony When Husband Is Unemployed

As established in ABC v. State of Maharashtra (2025 INSC 926), courts will NOT grant alimony against a genuinely unemployed husband. However, if the husband’s unemployment is voluntary (e.g., quitting to avoid payment), courts can impute income based on his qualifications and previous earnings. The burden of proving genuine unemployment lies with the husband — courts will demand income affidavits, bank statements, and tax returns.

How Long Is Alimony Paid in India?

Permanent alimony can technically last for the lifetime of the recipient, unless:

• The recipient remarries — alimony stops immediately
• The recipient begins earning adequately and becomes self-sufficient
• The paying spouse’s financial situation deteriorates drastically
• The recipient is proven to be living in a relationship with another person

For rehabilitative alimony, it is time-bound — typically 3 to 7 years. The court specifies the end date in the order.

Alimony for Void and Voidable Marriages

In February 2025, the Supreme Court clarified that permanent alimony under Section 25 of the Hindu Marriage Act can be awarded even in marriages declared void under Section 11 of the Act. The phrase ‘at the time of passing any decree’ applies whenever any decree is passed — irrespective of whether the marriage was valid.

What If Your Spouse Refuses to Pay Alimony?

Non-payment of court-ordered alimony is unfortunately common. But you are not powerless. Here is what the law allows:

• Execution Petition: File in the family court to execute the order against defaulting spouse
• Salary Attachment: Court can direct the employer to deduct alimony directly from salary
• Bank Account Seizure: Funds can be attached from the paying spouse’s bank accounts
• Property Attachment: Courts can order attachment and sale of property
• Civil Imprisonment: In serious cases, up to one month’s imprisonment for wilful default

Do not delay filing an execution petition. Every month of unpaid alimony is a recoverable debt. Courts are increasingly strict about enforcement, especially after the Rakhi Sadhukhan judgment.

Tax Treatment of Alimony in India

Situation	Tax Treatment
Monthly alimony received by wife	Taxable as ‘Income from Other Sources’ in wife’s hands
Lump-sum alimony received	Generally NOT taxable — treated as capital receipt
Monthly alimony paid by husband	NOT deductible from husband’s taxable income
Transfer of property as alimony	Capital Gains implications for the transferring spouse

Note: Tax treatment of alimony depends on the nature of payment (periodic vs. lump-sum) and the specific facts. Consult a CA or tax lawyer alongside your divorce attorney for complete financial planning.

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

1. Consult an experienced family lawyer immediately — early preparation is critical
2. Gather all financial documents: salary slips, bank statements, tax returns, property papers of both spouses
3. Prepare a detailed monthly expense sheet: rent, groceries, children’s education, medical costs
4. File an application for interim maintenance under Section 24 HMA or Section 144 BNSS (as applicable)
5. File an affidavit of assets and liabilities — courts in India mandatorily require this
6. Attend hearings and respond to opposing counsel’s arguments on income and assets
7. If permanent alimony, negotiate settlement or attend full trial for court-determined amount
8. After order is passed, monitor compliance. If default occurs, file execution petition immediately

Need Expert Legal Advice on Alimony? Every alimony case is unique. The law gives you rights — but only an experienced family lawyer can ensure those rights are enforced. Adv. Dhanashree Bankhele Family Law | Divorce | Matrimonial Disputes | Alimony & Maintenance

Frequently Asked Questions About Alimony in India (2026)

The following Q&A section is structured to answer the exact questions people search for on Google and voice-search assistants.

Q: Can a wife claim alimony if she is working?

A: Yes. If there is a significant income gap between spouses, a working wife can still receive alimony. Courts assess the difference in income levels and standard of living maintained during the marriage, not merely whether the wife earns any income.

Q: What happens to alimony if the husband is unemployed?

A: If the husband is genuinely unemployed, courts are unlikely to grant alimony (per 2025 SC ruling in ABC v. State of Maharashtra). However, if unemployment appears voluntary or temporary, courts can impute income based on past earnings and qualifications.

Q: How long does alimony last in India?

A: Permanent alimony can last for the recipient’s lifetime unless they remarry, become financially self-sufficient, or the court modifies the order. Rehabilitative alimony is time-bound, typically 3–7 years.

Q: What is the maximum alimony in India?

A: There is no legal cap. The Supreme Court recently increased alimony to Rs. 50,000 per month in Rakhi Sadhukhan v. Raja Sadhukhan (2025). Courts have ordered amounts ranging from a few thousand rupees to crores of rupees depending on the spouse’s income.

Q: Does remarriage affect alimony?

A: Yes. If the recipient spouse remarries, alimony stops immediately. The new spouse is then legally responsible for their maintenance.

Q: Can alimony be paid in lump sum?

A: Yes. Courts can order a one-time lump-sum payment instead of monthly alimony. The Supreme Court confirmed this in SAU. JIYA v. KULDEEP (2025 INSC 135). Lump-sum payments are often preferred as they provide finality.

Q: What is Section 144 BNSS?

A: Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 is the updated version of Section 125 CrPC. It applies to all women regardless of religion and requires courts to pass interim maintenance orders within 60 days.

Q: Can a husband claim alimony from wife?

A: Yes, under Section 25 of the Hindu Marriage Act, either spouse can claim permanent alimony. In practice, husbands succeed only if they can demonstrate they have no income and the wife has substantial earnings.