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Alimony vs Maintenance: What the Words Mean in India

In India, the terms alimony and maintenance are generally used interchangeably. What matters is the timing, interim during the case or permanent at or after the decree, and the specific legal provision relied on, since this generally determines who can claim, before which forum, and how quickly relief can be obtained.

Interim maintenance is claimed while a matrimonial or Section 144 proceeding is pending, to support the dependent spouse or party through the litigation. Permanent alimony is decided at or after the final decree, either as a monthly payment or a lump sum. The applicable provision, rather than the label used, generally governs the procedure and the outcome.

Which Provision Applies to You?

ProvisionWho Can Claim When Forum
Section 24 HMA / Section 36 SMA Either spouse During a pending matrimonial case Family Court
Section 25 HMA / Section 37 SMA Either spouse At or after the decree, monthly or lump sum Family Court
Section 144 BNSS Wife, including a divorced wife who has not remarried, children, and parents At any time, independent of a matrimonial case Magistrate or Family Court
Section 20, Protection of Women from Domestic Violence Act Aggrieved woman Along with a domestic violence application Magistrate
Section 18, Hindu Adoptions and Maintenance Act Hindu wife Separate residence and maintenance on specified grounds Civil or Family Court
Muslim womenDivorced Muslim woman Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, along with Section 144 BNSS Magistrate

More than one of these provisions may generally be relied on together, though courts adjust the amounts awarded so that there is no double recovery across proceedings.

How Much Alimony Do Courts Award?

There is generally no fixed formula for alimony in India. Courts weigh the factors set out by the Supreme Court, which were expanded in subsequent rulings, after both sides disclose their income and assets on affidavit.

  • Status and standard of living maintained during the marriage
  • Reasonable needs of the claimant
  • Claimant's own income, qualifications and earning capacity
  • Paying spouse's income, assets and liabilities, noting that EMIs do not generally reduce the maintenance obligation
  • Duration of the marriage
  • Age and health of the parties
  • Children's expenses, considered separately from spousal maintenance
  • Sacrifices made for the family, including career breaks
  • Conduct of the parties, considered only where relevant

A working spouse is generally not barred from claiming maintenance. The relevant question is generally whether the claimant's own income is sufficient to sustain the standard of living enjoyed during the marriage. The quantum awarded is generally revisable if circumstances change.

The Affidavit of Assets, Income and Liabilities

Since 2020, both parties to a maintenance proceeding are generally required to file a detailed affidavit of income, assets and liabilities in the prescribed format before the court decides the claim. The affidavit, supported by documents, generally drives the outcome more than oral submissions.

  • Income covered: salary, business income, rental income and investment income
  • Assets covered: bank accounts, property holdings and vehicles
  • Liabilities and dependants: loans and the number of dependants
  • Monthly expenses of the party filing the affidavit
  • Documents generally required to be attached in support
  • Consequences of suppression, including an adverse inference, costs, or exposure to contempt proceedings

The affidavit is generally prepared differently depending on whether it is filed by a claimant seeking maintenance or a spouse defending against the claim.

Interim Maintenance: Getting Support While the Case Runs

Interim maintenance is generally claimed at the start of a divorce or Section 144 BNSS case, so that the dependent spouse can meet living expenses and litigation costs while the case is pending. Under Section 144 BNSS, the application is generally to be decided within 60 days of notice as far as possible, and the maintenance ordinarily runs from the date of application.

  • Documents generally filed with the application: affidavit, expense statement and evidence of the other side's income
  • Litigation expenses may separately be claimed under Section 24 HMA
  • Interim orders are generally revisable during the pendency of the case
  • Non-payment of interim maintenance can, in some courts, affect the paying spouse's own proceedings

Can a Husband Claim Alimony?

A husband can generally claim maintenance under Sections 24 and 25 of the Hindu Marriage Act, and the corresponding provisions of the Special Marriage Act, which are gender-neutral, where he is unable to maintain himself and the wife has sufficient means. This does not generally apply under Section 144 BNSS. Such orders are uncommon in practice and generally depend on clear evidence of genuine inability to maintain oneself.

If You Are Asked to Pay: Contesting the Claim

The defence to a maintenance claim generally rests on disclosure and evidence, not outright refusal. Courts may deny or reduce maintenance where the claimant has sufficient income, is shown to be living in adultery under Section 144 BNSS, left the marital home without sufficient reason, or where the claim exceeds the marital standard of living.

  • File a complete and accurate affidavit
  • Provide evidence of the claimant's income and qualifications
  • Provide proof of direct payments already made
  • Present evidence of the claimant's own lifestyle where relevant
  • Apply for modification if income falls; do not stop payments unilaterally

Enforcing Unpaid Maintenance

  • Step 1: Arrears Computation: The outstanding maintenance amount is calculated based on the order and payment history
  • Step 2: Execution Application: An execution application is filed under Section 144 BNSS or before the Family Court, as applicable. You receive: Filed Execution
  • Step 3: Attachment or Warrant: The court may order attachment of salary, bank accounts or property, and a warrant may be issued on continued default. You receive: Attachment or Warrant Order
  • Step 4: Recovery: Interest and costs may be added, and in some cases, the defaulter's own pleadings may be struck off. You receive: Recovery Record

Explore our child maintenance legal services for the applicable limitation period on recovering arrears by warrant.

How Zolvit Maintenance Lawyers Help

Maintenance proceedings generally require the right provision, a properly prepared affidavit and timely follow-up. Zolvit Family Lawyers can assist with:

  • Provision selection and assessment of the claim
  • Affidavit preparation in line with the prescribed Supreme Court format
  • Interim maintenance applications, pursued within the applicable timeline
  • Permanent alimony and settlement drafting
  • Defence and modification applications
  • Enforcement of unpaid maintenance

Get Expert Legal Support for Alimony & Maintenance

  • Consultation starts at ₹99
  • Support with interim and permanent alimony claims
  • Assistance with defence, settlements and enforcement

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Documents Needed for a Maintenance Case

  • Claimant

    • Proof of marriage
    • Own income and expense statement
    • Evidence of the other side's income and assets
    • Medical and children's expense records
    • Evidence of the date of separation

  • Paying Spouse

    • Salary slips and income tax returns
    • Bank statements
    • Loan documents, where relevant to the context
    • Proof of payments already made
    • Details of dependants
    • Evidence of the claimant's income, where available

Mistakes on Both Sides

  • Claimant

    • Delaying the application, since maintenance generally runs from the date of application
    • Filing vague or unsupported expense claims
    • Accepting cash payments without any record
    • Agreeing to a lump sum settlement without adequate security

  • Paying Spouse

    • Concealing income or assets
    • Stopping payments as a form of leverage
    • Making payments informally, without documentation
    • Not applying for modification when circumstances genuinely change

Why Choose Zolvit for Alimony and Maintenance

Maintenance cases generally turn on the quality of the affidavit and the evidence supporting it, not on argument alone.

  • Affidavits prepared to withstand scrutiny
  • Interim relief pursued early in the proceedings
  • Settlements structured with security, not merely signed
  • Honest, evidence-based defence for paying spouses
  • Both sides served through the process without conflict of interest

Frequently Asked Questions

Alimony and maintenance are generally used interchangeably in India. The applicable difference lies in timing, interim maintenance during the case and permanent alimony at or after the decree, and in the specific legal provision relied on for the claim.
There is generally no fixed formula for calculating alimony. Courts assess factors such as the standard of living during the marriage, the claimant's income and needs, the paying spouse's financial position, and the duration of the marriage, based on the affidavits filed by both parties.
There is generally no fixed percentage of salary prescribed for alimony in India. The amount is decided based on the relevant factors and the financial disclosures made by both parties, rather than a statutory formula.
A working wife is generally not barred from claiming maintenance. Courts generally consider whether her own income is sufficient to maintain the standard of living she was accustomed to during the marriage.
A husband can generally claim maintenance under Sections 24 and 25 of the Hindu Marriage Act, or the corresponding SMA provisions, where he is unable to maintain himself and the wife has sufficient means. Such claims are uncommon and are not available under Section 144 BNSS.
Interim maintenance is support ordered while a matrimonial or Section 144 BNSS case is pending. Under Section 144 BNSS, the application is generally intended to be decided within 60 days of notice, as far as possible.
Maintenance is generally payable from the date of the application, rather than the date of the final order, in most proceedings.
The affidavit of assets, income and liabilities is a mandatory disclosure filed by both parties in the prescribed format, covering income, assets, liabilities and expenses. Courts generally rely on this affidavit, along with supporting documents, to decide the maintenance amount.
Loan EMIs generally do not reduce the maintenance obligation. Courts generally treat such liabilities as the paying spouse's personal financial commitments, separate from the obligation to maintain the claimant.
Alimony can generally be ordered as monthly payments or a one-time lump sum, depending on what the court directs or what the parties agree to in a mutual consent divorce.
Monthly alimony is generally taxable in the recipient's hands, while a lump sum payment is generally treated as a capital receipt. Take specific tax advice, since treatment can depend on the facts of the case.
Remarriage, or in some cases cohabitation, may generally be grounds for ending monthly alimony. A lump sum settlement is generally not affected in the same way, since it is usually treated as final.
divorced Muslim woman can generally claim maintenance under Section 144 BNSS, in addition to her rights under the Muslim Women (Protection of Rights on Divorce) Act, 1986, subject to the applicable conditions.
Maintenance may generally be denied or reduced where the wife has sufficient independent income, is shown to be living in adultery, or has left the marital home without sufficient reason, depending on the facts and applicable provision.
Non-payment can generally lead to an execution application, attachment of salary, bank accounts or property, and in continued default, a warrant may be issued against the defaulting spouse.
In a mutual consent divorce, alimony is generally negotiated between the parties and recorded as part of the settlement in the final decree, rather than being separately adjudicated by the court.