Settlement
Alimony and Child Custody in Mutual Divorce in India
By Divorce Setu Editorial Team · Updated · 6 min read
Quick answer
In a mutual divorce, alimony and child custody are decided by the spouses, not a judge. There is no legal formula, so the alimony amount is whatever both agree and record in the settlement. For children, parents agree on custody and visitation, but the court checks that the arrangement serves the child's welfare.
In a mutual divorce, you and your spouse decide the terms, not a judge. That is its biggest advantage, and also why the settlement needs care. This guide covers the main terms: alimony, child custody, visitation, and property.
How is alimony decided in a mutual divorce?
There is no formula in the law. The amount is whatever both of you agree, and it is recorded in the settlement. It may be paid as a one-time lump sum (permanent alimony) or in instalments. Many settlements pay part at the first motion and the rest at the second, which protects both sides.
When couples negotiate, they usually consider the following:
- Each spouse's income and assets.
- The length of the marriage and standard of living.
- Whether one spouse gave up work or career opportunities.
- Responsibility for children, and each spouse's future needs.
- Any existing liabilities such as loans.
Courts have also asked spouses in maintenance matters to file affidavits disclosing their income and assets (Rajnesh v. Neha, 2020), so honest disclosure helps avoid disputes later.
Child custody and visitation
Whenever there are children, the court's priority is the welfare of the child. The settlement should say clearly:
- Who has custody, whether one parent or shared (joint) custody.
- Visitation: days, holidays, and video calls for the other parent.
- Child support: who pays for education, medical costs and daily expenses.
- Decisions about schooling and travel.
Stridhan, gifts and property
- Stridhan (gifts and property given to the wife) is hers, and its return is usually a part of the settlement.
- Jointly owned property: decide whether to sell, transfer one share, or keep it jointly.
- Loans and EMIs: decide who pays what, and update lenders if needed.
- Jewellery, vehicles, investments: list and allocate them clearly.
Tips for a settlement that works
- Write everything down, with clear amounts and dates.
- Cover contingencies, like what happens if payments are missed.
- Be realistic. A settlement one side cannot afford will fail.
- Get a lawyer to draft it, so it is enforceable and the court accepts it.
- Record how payments will be made, preferably by bank transfer.
Want help putting a fair settlement together? Start your mutual divorce. You can also read about how much a mutual divorce costs.
Frequently asked questions
- Is alimony compulsory in a mutual divorce?
- No. It depends on what both spouses agree. Some couples agree on no alimony, and that is allowed if both consent freely.
- Can we change alimony terms after the decree?
- The settlement is generally binding once recorded in the decree, so it is difficult to change later. Agree carefully before filing.
- Who gets custody of the child in a mutual divorce?
- The parents agree on it, and the court checks that it serves the child's welfare. Custody can be with one parent or shared.