What happens if husband doesn't pay alimony in India?
Asked by: Hortense Barton MD | Last update: February 18, 2026Score: 4.6/5 (32 votes)
If a husband in India doesn't pay court-ordered alimony, the recipient spouse can initiate contempt of court proceedings, leading to fines, salary garnishment, property attachment, and even imprisonment for the defaulter, as non-payment is a serious breach of a court order under laws like Section 125 CrPC, with arrears accumulating and needing separate enforcement, notes Prime Legal Law Firm and Kapil Dixit LLP.
What happens if alimony is not paid in India?
Imprisonment or property attachment in some cases: In certain instances, non-payment of alimony may result in imprisonment of the defaulting spouse until payment is effected. Non-payment is handled seriously to secure the financial entitlements of the dependent spouse.
At what age do you stop paying alimony?
One change of circumstances is retirement. California law, for at least 15 years or so, has indicated that if a person reaches what has been the typical retirement age of 65, it is not necessary to keep working just to pay spousal support.
What is the maximum punishment for not paying maintenance to wife?
Punishment For Not Paying Maintenance To Wife Per The Law
Imprisonment: When the husband doesn't pay maintenance to the dependent, the court can issue a warrant for his arrest. The period of imprisonment is one month for each unpaid maintenance or until the maintenance is paid, whichever happens earlier.
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.
How to recover Alimony and maintenance if husband refuses to pay? How to attach property & salary
How long does husband pay alimony in India?
The amount and duration of alimony depend on multiple factors. The court considers: Income of Both Spouses: The higher-earning spouse typically pays alimony. Marriage Duration: Marriages lasting over 10 years often result in lifelong alimony.
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 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.
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 the new rule for divorce in India?
1. Waiving the 6-Month Waiting Period: The Supreme Court, in a judgment passed by Justices Indira Banerjee and J. K. Maheshwari on December 11, 2021, stated that it has the power to make an exception to the 6-month waiting period usually required for divorce by mutual consent under Hindu law.
Can my husband quit his job to avoid alimony?
No, you cannot simply stop paying alimony for any reason, even if you lose your job. Living without a steady income can be scary and it likely has implications for various aspects of your life. However, your obligation to pay alimony is legally enforceable so you cannot decide on your own to forgo paying.
What's an average alimony payment?
There's no single "average" alimony payment because it varies wildly by state and situation, but common formulas often involve a percentage (like 30-40%) of the paying spouse's income minus a percentage (like 25%) of the receiving spouse's income, with limits often set at 40% of the combined income, though factors like marriage length, needs, and earning potential heavily influence the final amount. Some states have guidelines, while others rely more on judge discretion, making amounts from $0 to over $1,000/month possible, notes Custody X Change.
What is the alimony rate in India 2025?
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.
What are the grounds for denying alimony in India?
Explanation: If the recipient spouse is proven guilty of marital misconduct, such as adultery or desertion without reasonable cause, they may lose their right to alimony. Example: A spouse who abandoned the marriage without just cause or engaged in extramarital relationships may be denied maintenance.
Does wife get 50% of the husband's property after divorce in India?
The belief that a wife gets 50% of the husband's property after divorce in India is incorrect. Property division is not automatic and depends on legal ownership and court decisions. However, laws exist to protect the financial well-being of divorced women through maintenance and alimony.
How much alimony did Hrithik Roshan's wife get?
Sussanne Khan and Hrithik Roshan's 2014 divorce was motivated more by public interest than by legal considerations. The ₹380–400 crore “alimony” figure was the subject of endless media discussion, despite the fact that no official court ruling or document ever verified this amount.
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..
How long does a husband have to pay alimony in India?
2. Medium-Term Marriages (5-15 Years) Spousal support is usually granted, depending on financial stability. If one spouse sacrificed career opportunities for marriage, they may receive permanent alimony.
How much maintenance for divorced wife 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.
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 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.
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.
What are the 3 C's of divorce?
The "3 Cs of Divorce" generally refer to Communication, Cooperation, and Compromise, principles that help divorcing couples, especially those with children, navigate the process more smoothly by focusing on respectful dialogue, working together for shared goals (like children's welfare), and making concessions for equitable outcomes, reducing conflict and costs. Some variations substitute Custody or Civility for one of the Cs, emphasizing child-focused decisions or maintaining politeness.
What are the alimony rules in India 2025?
On May 29, 2025, the Supreme Court delivered a landmark ruling in Rakhi Sadhukhan v. Raja Sadhukhan. The Court increased the permanent alimony amount from ₹20,000 to ₹50,000 per month, with a 5% increase every two years. This aims to adjust for inflation and preserve the recipient's standard of living.