Maintenance and Alimony

Maintenance and alimony refer to financial support provided to one spouse after a separation or divorce. Maintenance is typically for the spouse who is unable to support themselves, while alimony is a lump sum or periodic payment made by one spouse to the other after divorce.

In India, under laws such as the Hindu Marriage Act and Criminal Procedure Code (CrPC), courts decide maintenance based on factors like income, lifestyle, and the spouse’s needs. Alimony is typically granted to the financially dependent spouse, considering the duration of the marriage and the standard of living prior to separation.

What the Law Says About Divorce in India

Maintenance and alimony are financial support mechanisms provided to one spouse after divorce or separation. Maintenance is the financial assistance given to the spouse who cannot support themselves, which can include food, shelter, clothing, and other living expenses. It can be temporary or permanent, depending on the circumstances.

Alimony, on the other hand, is a payment made by one spouse to the other after the dissolution of marriage. The amount is generally determined based on factors like the spouse’s financial capability, the duration of the marriage, and the lifestyle maintained during the marriage. The purpose of both maintenance and alimony is to ensure that the spouse receiving support is not left in a financially vulnerable situation after the divorce.

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Frequently Asked Questions...

What is the difference between maintenance and alimony?

Maintenance is ongoing financial support to meet basic needs, while alimony is a one-time or periodic payment after divorce to help the spouse maintain their standard of living.

Who is eligible for maintenance or alimony in India?

A spouse who is unable to financially support themselves after separation or divorce may be eligible for maintenance or alimony, regardless of gender.

How is the amount of maintenance or alimony decided?

The court considers factors like income, standard of living during marriage, duration of marriage, and the spouse's needs when determining the amount.

Can maintenance be modified later?

Yes. If there is a significant change in circumstances, such as changes in income or living conditions, either spouse can petition the court for a modification of maintenance or alimony.