How Is Alimony Decided in India?

People often ask what the alimony amount will be. The honest answer is that Indian law has no fixed formula. It depends on the facts of each case, and in a mutual divorce it depends mainly on what both spouses agree. This guide explains how it works. For custody and property too, see alimony and child custody in mutual divorce.

Two ways alimony is usually settled

• Lump-sum settlement: a one-time payment, or a few instalments, that settles all financial claims between the spouses. This is the most common outcome in a mutual divorce, since it gives both sides a clean end.
• Periodic maintenance: a monthly amount paid for a period, or until a specified event. This is more common when the court decides in a contested case.

What does Section 25 say?

Section 25 of the Hindu Marriage Act, 1955 allows the court, when passing a decree or afterwards, to order one spouse to pay the other permanent alimony and maintenance, either as a gross sum or as periodic payments. The court looks at the income and property of both spouses, their conduct and other circumstances. Section 24 deals with interim maintenance while the case is pending. Other personal laws and the Special Marriage Act have similar provisions.

How is it decided in a mutual divorce?

In a mutual divorce, spouses negotiate the amount and record it in the settlement. It can be zero, if both agree freely. The court generally checks that consent is voluntary and the terms are clear, rather than setting the figure itself.

Factors courts consider

When a court has to decide, or when couples want a fair benchmark, these factors usually matter:

• The income and assets of both spouses.
• The length of the marriage and the standard of living during it.
• The needs of the spouse asking for alimony, and their ability to earn.
• Whether a spouse gave up work or career growth for the family.
• Responsibility for children and their expenses.
• Liabilities, age and health of each spouse.
• Any earlier payments or property already given.

The Supreme Court has said in several cases that alimony is meant to provide a dignified life for the dependent spouse, and not to punish the other spouse or equalise their wealth. In Kiran Jyot Maini v. Anish Pramod Patel (2024), the Court discussed factors of this kind for fixing permanent alimony. Your lawyer can tell you how courts in your city apply them.

Disclosure of income and assets

In Rajnesh v. Neha (2020), the Supreme Court laid down guidelines for maintenance cases, including that both spouses file an affidavit of disclosure of their income, assets and liabilities. Honest disclosure also helps in a mutual divorce, because hidden assets can lead to disputes after the decree.

Tips before you agree on an amount

1. Share financial details openly, with documents such as bank statements and income proof.
2. Decide the payment schedule, for example part at the first motion and the rest at the second.
3. Pay by bank transfer so there is a record.
4. State clearly whether the amount settles all future claims.
5. Ask a tax adviser how the payment may be treated for tax, since this can depend on the type of payment.

Want help arriving at a settlement that is fair to both sides? Start your mutual divorce, or see how much a mutual divorce costs.