How Courts Decide Alimony and Maintenance in 2026

When a marriage ends, one of the biggest concerns is financial stability. Questions about who will pay maintenance, how much will be granted, and for how long can create stress and uncertainty. In 2026, Indian courts approach alimony and maintenance with one guiding principle fairness. The aim is not to favor one spouse over the other, but to ensure that neither party is left financially insecure after separation.

There is no fixed formula for deciding maintenance. Courts carefully evaluate income, lifestyle during marriage, financial responsibilities, and future needs before passing an order. With stricter financial disclosures and clearer judicial guidelines in 2026, the process has become more structured and transparent. Understanding how courts make these decisions can help set realistic expectations and reduce confusion.

Understanding Alimony in India

Alimony in India refers to the financial support that one spouse may be required to provide to the other after separation or divorce. Its main purpose is to ensure that the financially dependent spouse is not left without basic means of livelihood and can maintain a reasonable standard of living. Alimony is not meant to punish either party, but to create financial balance when there is a significant difference in income or earning capacity. It can be granted as interim support during court proceedings or as permanent alimony at the time of final divorce, either as a monthly payment or a one-time lump sum settlement.

The decision to grant alimony is based on several important factors, including the income and financial status of both spouses, the duration of the marriage, the standard of living during the marriage, age, health, and existing responsibilities such as children or loans. There is no fixed formula or automatic entitlement each case is decided on its own facts and evidence. Courts focus on fairness and financial stability, ensuring that the dependent spouse is supported without imposing an unreasonable burden on the other.

Types of Alimony and Maintenance Under Indian Law

Alimony is not a one-size-fits-all concept. Depending on the circumstances of the case, courts may grant different types of financial support to ensure fairness and financial stability after separation or divorce. Understanding these types helps set realistic expectations and clarifies what kind of support may apply in a particular situation.

1. Interim Alimony (Temporary Maintenance)

Interim alimony is granted during the pendency of divorce or separation proceedings. Since court cases can take time, this provision ensures that the financially weaker spouse can manage daily expenses and legal costs while the matter is ongoing.

Courts assess the income, basic living expenses, and immediate needs of both parties before granting interim maintenance. The purpose is not long-term settlement, but short-term financial support until the final judgment is delivered.

2. Permanent Alimony

Permanent alimony is awarded at the time of passing the final divorce decree. It is meant to provide long-term financial security to the dependent spouse after the marriage legally ends.

The court carefully examines several factors such as duration of marriage, income disparity, age, health, lifestyle during marriage, and future earning capacity before determining the amount. Permanent alimony can be structured in different ways depending on what the court finds fair and reasonable.

3. Lump Sum Alimony (One-Time Settlement)

In some cases, the court may order or the parties may mutually agree to a one-time payment instead of monthly support. This is known as lump sum alimony.

It provides financial closure and avoids future disputes regarding payment defaults or modifications. Lump sum settlements are often preferred in mutual consent divorces where both parties want a clean financial break.

4. Monthly or Periodic Alimony

Instead of a one-time payment, the court may direct one spouse to pay a fixed monthly amount for a specified period or, in some cases, until remarriage or other legally recognized changes in circumstances.

This type of alimony ensures consistent financial support and is common when the dependent spouse does not have stable income or immediate financial security.

5. Rehabilitative Alimony

Though not always specifically labeled under Indian statutes, courts may effectively grant rehabilitative support. This type of maintenance is aimed at helping the dependent spouse become financially independent.

For example, the court may consider education, skill development, or time needed to secure employment before deciding the duration and amount of maintenance.

Legal Provisions Governing Alimony

• Hindu Marriage Act, 1955 (Sections 24 & 25)
  
  • Section 24 provides interim maintenance and litigation expenses during the pendency of divorce proceedings.
  • Section 25 allows courts to grant permanent alimony at the time of final decree, either as monthly payments or a lump sum.
  • Applicable to both husband and wife, depending on financial need.
    
    
• Special Marriage Act, 1954
  
  • Governs civil and interfaith marriages.
  • Contains provisions similar to the Hindu Marriage Act for interim and permanent maintenance.
  • Ensures financial protection after divorce under secular law.
    
    
• Section 144 of BNSS, 2023 (Earlier Section 125 CrPC)
  
  • A secular provision applicable to all religions.
  • Provides maintenance to wife, minor children, and parents who are unable to maintain themselves.
  • Designed to prevent destitution and provide speedy relief.
    
    
• Protection of Women from Domestic Violence Act, 2005
  
  • Allows women facing domestic violence to claim monetary relief, including maintenance.
  • Maintenance can be granted in addition to other protection orders.
    
    
• Muslim Women (Protection of Rights on Divorce) Act
  
  • Governs maintenance rights of divorced Muslim women.
  • Ensures fair and reasonable provision for the wife after divorce.

Key Factors Courts Consider While Deciding Alimony

Alimony is never decided casually or mechanically. Courts carefully analyze the financial and personal circumstances of both spouses before determining the amount and duration of maintenance. Below is a detailed explanation of the major factors courts examine:

1. Income and Real Financial Position

Courts examine the true financial status of both spouses, not just their basic salary. This includes:

• Salary and professional income
• Business profits or partnership earnings
• Rental income and property returns
• Interest, dividends, investments, and other assets
• Perks, bonuses, incentives, and lifestyle indicators

Judges also consider whether income is being deliberately concealed. In 2026, courts increasingly rely on detailed financial affidavits, bank statements, IT returns, and asset disclosures to ensure transparency.

2. Earning Capacity and Future Potential

Even if a spouse is not currently employed, the court evaluates their education, qualifications, work experience, and employability. For example:

• Is the spouse capable of working but voluntarily unemployed?
• Did one spouse leave a job to raise children?
• How long would it reasonably take for the dependent spouse to become financially independent?

Courts do not deny maintenance simply because a spouse is educated; actual earning capacity and present financial reality are both considered.

3. Standard of Living During Marriage

One of the key principles in alimony decisions is that the dependent spouse should not experience a drastic drop in lifestyle solely because of divorce. Courts assess the standard of living maintained during the marriage to ensure reasonable continuity and financial dignity after separation.

They consider factors such as:

• Type of residence and locality – Whether the couple lived in a self-owned house or rented property, and the overall standard of the neighborhood.
• Travel and lifestyle habits – Regular vacations, dining patterns, and general lifestyle comforts enjoyed during the marriage.
• Social and economic status – Overall family background, living standards, and daily comforts.
• Children’s schooling and upbringing – Educational expenses and the standard of care provided to children.

 4. Duration of the Marriage

The length of the marriage plays a significant role:

• Long-term marriages (10–20+ years): Higher possibility of sustained or permanent alimony, especially if one spouse was financially dependent for years.
• Short-term marriages: Courts may grant limited or short-duration maintenance unless special circumstances exist.

Longer marriages often involve deeper financial interdependence.

5. Age and Health of the Parties

Age and medical condition directly impact earning ability and financial needs. Courts consider:

• Whether the dependent spouse is nearing retirement age
• Presence of chronic illness or disability
• Medical expenses and health insurance needs

If health conditions restrict employment opportunities, maintenance may be higher or extended for a longer period.

6. Financial Responsibilities and Liabilities

Before deciding the amount of alimony, courts carefully examine the existing financial obligations of the paying spouse. Maintenance is not calculated in isolation — it must take into account the genuine liabilities and ongoing responsibilities that already exist. The goal is to arrive at a figure that is fair and sustainable.

Courts typically review responsibilities such as:

• Child education and medical expenses – School fees, tuition, extracurricular activities, healthcare costs, insurance, and other essential needs of the children. These are often given high priority.
  
• Home loans and EMIs – Ongoing housing loans, vehicle loans, or other regular installment payments that significantly impact monthly income.
  
• Dependent parents or family members – Legal and moral responsibility towards aged or financially dependent parents is also considered.
  
• Business liabilities or financial commitments – If the spouse runs a business, courts may examine loans, operational expenses, or financial risks associated with it.

7. Contribution to the Marriage

Indian courts increasingly recognize that contributions to a marriage are not only financial. A spouse who managed the household, raised children, or supported the other’s career has made significant non-monetary contributions.

Such efforts are considered valuable and may justify financial support, especially in long marriages where one spouse sacrificed career growth.

8.  Custody of Children

When one spouse is granted primary child custody, their financial responsibility naturally increases. Courts recognize that raising a child involves continuous and substantial expenses. While child maintenance is calculated separately from spousal alimony, the overall responsibility of caring for the child is taken into account when determining the final financial arrangement.

Courts carefully assess child-related expenses such as:

• School and tuition fees – Admission fees, annual charges, tuition costs, books, uniforms, transportation, and other academic expenses.
  
• Healthcare and insurance – Regular medical check-ups, emergency treatments, health insurance premiums, and any special medical needs.
  
• Daily living costs – Food, clothing, housing, utilities, and other routine necessities that form part of the child’s upbringing.
  
• Extracurricular activities – Sports, coaching classes, hobby training, cultural programs, and other developmental activities that contribute to the child’s overall growth.

How Courts Calculate Maintenance Amount in 2026

In 2026, Indian courts determine maintenance by balancing the paying spouse’s income with the recipient’s needs, typically awarding 25% to 33% of the net income to the dependent spouse. 

Key factors and methods for calculating maintenance include:

• Income Benchmark: As a general guideline, 25% to 33% of the net monthly salary of the paying spouse is considered a “just and proper” amount for the spouse and children.
• Key Considerations: Courts assess the income and assets of both parties, the standard of living during the marriage, and the age and health of the individuals involved.
• Interim vs. Permanent: Interim maintenance is temporary for immediate survival during legal proceedings, while permanent alimony is a final settlement, which can be a lump sum or monthly payment.
• Impact of Employment: If a wife is earning, her income is deducted from the total, but she may still receive maintenance if her income is significantly lower than her husband’s.
• Other Factors: Qualifications of the applicant, the necessity for rehabilitation, and, in some cases, the “fault” in a contested divorce may be considered. 

When Can Maintenance Be Reduced or Cancelled?

Maintenance is not permanent or unconditional. Courts can reduce or cancel it when there is a material change in circumstances, such as:

Change in Financial Circumstances: If the paying spouse loses a job, suffers a salary reduction, or faces genuine financial hardship, courts may lower the maintenance amount after verification.

Improvement in Claimant’s Income: Maintenance can be reduced or stopped if the receiving spouse becomes financially independent, secures a stable job, or starts earning sufficiently.

Remarriage of the Receiving Spouse: In case of remarriage, spousal maintenance generally ends, as the financial responsibility shifts to the new spouse.

Concealment or Misrepresentation of Income: If it is proved that the claimant hid income, assets, or employment details, courts may cancel maintenance and even order recovery.

Mutual Consent Divorce Settlement: When parties agree to a full and final settlement (lump-sum alimony), future maintenance claims are usually barred.

Non-Compliance or Misuse of Maintenance Orders: Repeated misuse, false claims, or violation of court conditions can lead to modification or cancellation.

Who Can Get Alimony in India?

In India, alimony can be claimed by a spouse who is unable to maintain themselves independently after separation or divorce. Traditionally, wives were the primary claimants, but courts now recognize that either spouse wife or husband may seek alimony, depending on financial dependence. The claimant must show a genuine need for financial support, while the court evaluates the earning capacity, income, assets, and standard of living of both parties before granting alimony.

Apart from spouses, children are entitled to maintenance, regardless of which parent has custody, as their welfare is paramount. In certain cases, dependent parents may also claim maintenance under Section 125 of the CrPC. Courts in recent years emphasize fairness, financial balance, and self-sufficiency, ensuring that alimony is granted to prevent hardship, not to create undue burden on the paying party.

What Are the Legal Consequences If a Spouse Refuses to Pay?

Failure to pay maintenance is more common than many realize. Some spouses delay payments, while others try to avoid their responsibility altogether. However, court orders are enforceable by law, and strict action can be taken in case of default. The defaulter may face consequences such as:

• Direct deduction of maintenance from salary
• Attachment or sale of movable or immovable property
• Detention for up to one month for willful non-payment

You are not expected to tolerate non-compliance. Prompt legal steps can help enforce your rights and secure the support you are entitled to.

Latest Judicial Trends & Court Approach in 2026

In 2026, Indian courts continue to refine how alimony and maintenance laws are applied, focusing on need, ability to pay, and financial reality rather than blanket assumptions. Recently, the Supreme Court affirmed that even well-educated spouses may receive maintenance if they genuinely need support and the goal is to secure a dignified standard of living, not to punish or enrich either party.

Another key trend is the scrutiny of maintenance claims to prevent misuse and to promote self-sufficiency where possible. For example, courts have ruled that a financially independent spouse may not be entitled to maintenance, reinforcing that support is for genuine need, not idleness. 

Recent High Court rulings reaffirm that maintenance is not automatically tied to marital disputes like adultery unless proven continuously a reminder that personal conduct standards are applied carefully. These trends reflect a 2026 judicial approach that aims to protect financially vulnerable spouses while discouraging unfounded or exaggerated claims.

Why Professional Legal Assistance Matters?

Family law matters like divorce, alimony, maintenance and child custody are emotionally sensitive and legally complex. Professional legal assistance ensures that your case is strategically presented, relevant laws are correctly applied, and recent judicial trends are effectively leveraged in your favor.

With 11 years of experience in family and matrimonial disputes, Adv. Mayur Gajbhiye offers practical, well-structured legal solutions backed by courtroom expertise. We emphasizes strategic case planning, timely action, and sustainable legal outcomes, supported by a deep understanding of contemporary judicial trends and maintenance laws.

Getting the Right Legal Help  

Navigating divorce, alimony, maintenance, or child custody matters requires more than basic legal knowledge it demands strategic guidance, experience, and timely action. If you are facing a matrimonial dispute and want clarity, confidence, and reliable representation, consulting the best divorce lawyer near Katraj, Pune can help you move forward with assurance. With professional legal assistance, you can approach the process with a clear strategy, realistic expectations, and the support needed to achieve a fair and sustainable outcome.

Key Statistics on Alimony and Maintenance 

https://timesofindia.indiatimes.com/india/maintenance-to-wife-kids-will-get-priority-over-claim-of-creditors-sc/articleshow/116186547.cms

https://timesofindia.indiatimes.com/city/mumbai/hc-huge-disparity-in-incomes-wife-entitled-to-get-maintenance/articleshow/122097605.cms