Life becomes hell when you are not happy with your marriage life but most couples in India won’t get a divorce even if they are not happy with their husband-wife relationship because of societal pressure and they may have to pay maintenance/alimony to the wife it’s really depressing for men especially when they have no idea how much money they will lose in divorce.
In this article, we have provided a detailed overview of how much alimony wives can claim in divorce covering how it’s calculated, factors affecting it, and situations where it may be denied.
What is Alimony?
Alimony is the financial support husband provides to his wife during divorce. It is not gender based rule even wife can provide alimony to the husband but in 99% cases, it’s husbands who end up paying alimony to wife. It aims to ensure the financially weaker spouse can maintain a similar standard of living during or after divorce.
Laws Supporting Alimony in India
1. Hindu Marriage Act, 1955 (Sections 24 & 25)
- Section 24: Temporary maintenance during court proceedings.
- Section 25: Permanent alimony after divorce.
- Applies to Hindus, Buddhists, Jains, and Sikhs.
- The court considers both spouses’ income, standard of living and circumstances.
2. Special Marriage Act, 1954 (Sections 36 & 37)
- This applies to interfaith or civil marriages.
- Section 36 covers interim maintenance, and Section 37 allows for post-divorce alimony.
- The court evaluates financial status and living standard.
3. Indian Divorce Act, 1869 (Christians)
- Section 36: Interim maintenance.
- Section 37: Permanent alimony.
- Wives can claim alimony if they lack independent income.
4. Parsi Marriage and Divorce Act, 1936
- Section 39: Maintenance during proceedings.
- Section 40: Permanent alimony post-divorce.
5. Criminal Procedure Code (CrPC) Section 125
- A secular remedy, available to all women, including divorced wives, irrespective of religion.
- Provides monthly maintenance if the woman cannot maintain herself.
- Commonly used because it is fast and provides interim relief.
Note: Muslim women, after the Shah Bano case (1985), were given the right to maintenance under CrPC, but the Muslim Women (Protection of Rights on Divorce) Act, 1986 later provided a separate remedy. Still, Muslim women may approach courts under CrPC in some circumstances.
Factors That Determine Alimony Amount in India
There is no fixed formula for calculating alimony. Courts decide the amount based on several criteria:
1. Husband’s Income and Wealth
Huband’s monthly salary, business profit, family wealth, property and shares, etc. play the most important role when deciding alimony Courts may consider net income (after tax and necessary expenses). If the husband has a lot of money, the alimony could be higher.
2. Wife’s Income or Financial Status
If wife is earning but still cannot maintain the same standard of living like her income is too low or insufficient for day to day living she may be granted partial alimony. If she is unemployed and completely dependent on husband the alimony may be higher.
3. Duration of Marriage
Longer marriages generally result in higher alimony amounts. Short-term marriages may result in one-time settlements rather than monthly payments.
Example: A marriage of over 10 years may be treated differently than one lasting a year.
4. Standard of Living During the Marriage
The court considers the lifestyle of couples while they are married (e.g., private schooling for kids, luxury items, domestic help). Alimony aims to maintain a similar lifestyle, if reasonable.
But in recent case we have seen that the wife asking for too much alimony cause her standard of life is luxurious. Court slams her back and said husband can only provide for her basic needs of her is she wants to live luxuries life she must earn for it.
5. Child Custody and Responsibilities
If the wife has custody of the children, she may get additional support to cover like school fees of kids, their healthcare and day-to-day living costs it is up to court if they grant it separately or include it in the total alimony amount.
These are just some of the factors that the court can consider now these are not factors that depend on the situation of the couple court can consider more factors. It’s better you should always discuss your case with any good divorce lawyer before heading to court.
Types of Alimony
1. Interim Maintenance: Given during court proceedings to cover daily expenses.
2. Permanent Alimony: One-time lump sum or monthly/quarterly payments after the final divorce decree.
When a Wife May Not Get Alimony
Alimony is not automatic. The court can deny it under certain conditions:
- She Is Financially Independent: If the wife has a job, business, or inherited property that sufficiently supports her.
- Mutual Consent with Waiver: In mutual consent divorces, the wife may waive her right to alimony in writing.
- Wife’s Misconduct: Under some personal laws, a wife found guilty of adultery or cruelty may be denied maintenance.
How Much Alimony Can a Wife Get?
While there is no fixed percentage, courts often consider the 25% benchmark of the husband’s net income for monthly alimony (as a guideline, not a rule). Lump-sum alimony could range from 1/5th to 1/3rd of the husband’s total assets, depending on:
- Lifestyle
- Age
- Duration of marriage
- Earning capacity
???? Example: In the case Kalyan Dey Chowdhury vs Rita Dey Chowdhury (2017), the Supreme Court held that 25% of the husband’s net salary is a “just and proper” amount for permanent alimony—but also stated that this is not a fixed rule.
Documents Required for Alimony Claims
- Marriage certificate
- Income proof of both spouses
- Property details
- Expenses (children’s fees, rent, loans, etc.)
- Medical records (if applicable)
As we can see there is no fixed rule of alimony amount in india as a professional divorce lawyer in delhi we always suggest our clients to go for mutual consent divorce decide the every term between them when sitting infront of each other. As this makes things much easier and peaceful separation is much better then life long quarrels.
