How much alimony is given to wife in India?
Asked by: Breanne Ebert I | Last update: February 10, 2026Score: 4.4/5 (23 votes)
In India, there's no fixed alimony amount, but courts often use 25% of the husband's net monthly salary as a benchmark for monthly maintenance, while a lump sum might be 1/5th to 1/3rd of net worth, with courts considering factors like income, lifestyle, marriage duration, and health to decide. Recent Supreme Court rulings emphasize adjusting alimony for inflation and lifestyle, sometimes even increasing awards significantly or including property transfers.
What is the average alimony payment in India?
The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife. It stated that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony.
Does wife get 50% after divorce in India?
There is no such legal provision in india to give half of the husband's assets to his divorced wife. However, the husband is bound by law to provide reasonable amount for her future maintanence if she is not able to support herself.
Does wife pay alimony to husband in India?
Yes, a husband can seek alimony from his wife in India according to Sections 24 and 25 of the Hindu Marriage Act, 1955 and other relevant laws, if he is financially dependent.
Is alimony given after 5 years of marriage in India?
The coded laws are very reasonable. There is no Alimony in India. According to Hindu marriage act even the husband can ask for maintenance. The laws state that the wife will get maintenance according to her lifestyle before divorce. Also wife won't get maintenance if she is self sufficient in providing for herself.
Wife Demanded 2 Lakhs Maintenance..Court Granted Nothing | Wife's Emotional Arguments | legalcourts
Who suffers most financially in divorce?
Women generally suffer more financially after divorce due to income gaps, career sacrifices for family, and challenges with child support, often seeing significant income drops (around 41% vs. men's 23%) and increased poverty risk, while men, though facing costs like child support and new housing, typically maintain higher living standards overall, but still experience a notable decrease in theirs.
What is the new rule for alimony in India?
The Delhi High Court on October 17, 2025 has ruled that alimony cannot be awarded to a financially self-sufficient spouse, observing that permanent maintenance under Section 25 of the Hindu Marriage Act is a measure of social justice, and not a tool for enrichment or for equalising income between spouses.
Does wife get alimony if she cheated in India?
Under Indian law: A husband who proves that his wife is living in adultery may not be required to pay her maintenance under Section 125(4) CrPC. Conversely, a wife can claim interim maintenance or permanent alimony under Section 24 and 25 of the Hindu Marriage Act, provided she is not found guilty of adultery.
What is the new law for divorce in India?
ANUPAMA SAPRA 2024 the Supreme Court invoked its special powers under Article 142(1) to grant divorce on the grounds of irretrievable breakdown of marriage, considering the long period of separation, the impossibility of reconciliation, and the fact that the children are now adults and independent.
Can an ex-wife ask for alimony after divorce in India?
The Hindu Marriage Act, 1955: Under Section 25 of the Hindu Marriage Act, a Hindu wife can seek permanent alimony and maintenance from her ex-husband if she is unable to support herself.
What assets cannot be split in a divorce in India?
Personal Property: Assets acquired individually by each partner before marriage or those obtained as individual gifts or inheritance generally remain personal property and may not be subject to division in divorce.
What is the biggest mistake during a divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
How long after divorce can my ex-wife claim money?
“Consistently with the potentially life-long obligations which attend a marriage, there is no time-limit for seeking orders for financial provision or property adjustment for the benefit of a spouse following divorce.
Can husbands deny alimony in India?
Yes, alimony can be denied under the following circumstances: If the recipient spouse is financially independent and capable of self-sustenance. If the spouse seeking alimony has remarried. If the court finds that the spouse seeking alimony was at fault (e.g., adultery or cruelty).
Who got the highest alimony in India?
Most people know Hrithik Roshan paid ₹380 crore as alimony and Naga Chaitanya paid ₹200 crore.
What is permanent alimony in India?
Permanent alimony, as outlined in Section 25 of the Hindu Marriage Act, is awarded to wife or husband to ensure financial support and well-being.
Who loses most in a divorce?
In divorce, women often suffer more significant financial hardship and loss of living standards, while men are more prone to severe emotional distress, depression, and health issues like substance abuse, though both genders face substantial challenges, and children's lives are deeply disrupted by family changes. The most vulnerable in any divorce are often the children, whose routines, finances, and emotional stability are all profoundly affected by their parents' separation, regardless of who files for divorce.
What wife gets after divorce in India?
A wife's right to property after divorce in India depends on various personal laws and legal provisions. While she cannot claim direct ownership of her husband's self-acquired or ancestral property, she is entitled to maintenance, alimony, and financial support based on her needs.
Who initiates 90% of divorces?
Women initiate a significant majority of divorces, around 70%, with this figure rising to nearly 90% for college-educated women, according to studies like one from the American Sociological Association. This trend highlights women's greater dissatisfaction with marital dynamics, often stemming from taking on more emotional labor and feeling a lack of connection or fulfillment, leading them to be the ones to file for divorce, notes The Whitley Law Firm and Barnes & Diehl, P.C..
Do men pay alimony if wife cheats?
While California is a no-fault divorce state, meaning that neither party needs to prove wrongdoing to obtain a divorce, marital misconduct such as cheating can be considered when determining alimony. The court may take into account the impact of the infidelity on the financial condition of the innocent spouse.
Can I sue my wife for cheating in India?
A: Yes, absolutely. Adultery is a valid ground for divorce available to both the husband and the wife under India's personal laws, including the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. A single proven act of infidelity is sufficient to file a petition for divorce.
Can a working woman claim alimony in India?
Under Indian law, both men and women can claim alimony, but it is primarily designed to protect the economically weaker spouse, regardless of gender.
How much maintenance for divorced wife in India?
In a precedent-setting judgment, India's Supreme Court has significantly increased permanent alimony for a divorced but unmarried wife from Rs 20,000 to Rs 50,000 per month, along with a 5% hike every two years. The court also upheld the transfer of her ex-husband's house to her name.
Who decides the alimony amount in India?
In a mutual consent divorce, both partners agree on financial terms. In a contested divorce, the court decides alimony based on legal rights.
What is the 10-10-10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.