New Delhi, August 16: Divorce can be emotionally draining, but for many, the bigger challenge lies in the financial implications, especially alimony. In India, alimony ensures that the financially dependent spouse maintains dignity and stability after separation. Courts decide support amounts based on income, lifestyle, and responsibilities of both spouses, guided by personal laws and the Code of Criminal Procedure, 1973 (CrPC).

The nature of alimony varies across cases, depending on the financial needs of the dependent spouse and the paying spouse’s capacity. Courts also consider sacrifices made during marriage, such as giving up a career for family duties, before fixing the amount. 'Why Don't You Work Also?': Courtroom Exchange Between CJI BR Gavai and Woman Demanding Flat in Mumbai and INR 12 Crore As Maintenance in Alimony Goes Viral.

What Are the Types of Alimony in India?

  • Permanent Alimony: Lifetime support until the spouse remarries or passes away (Section 25, Hindu Marriage Act).

  • Temporary/Interim Maintenance: Covers living costs and legal fees during divorce (Section 24, Hindu Marriage Act; Section 125 CrPC).

  • Rehabilitative Alimony: Given for a limited period to help the spouse become financially independent.

  • Reimbursement/Compensatory Alimony: Paid when one spouse sacrifices career opportunities for family obligations.

  • Lump Sum Alimony: A one-time settlement to avoid monthly disputes.

  • Nominal Alimony: A symbolic amount preserving the right to seek higher support later.

Alimony Under Different Personal Laws

  • Hindu Law: Sections 24 and 25 of the Hindu Marriage Act.

  • Muslim Law: Maintenance during iddat under Sharia law and the Muslim Women (Protection of Right to Divorce) Act.

  • Christian Law: Sections 36 and 37 of the Indian Divorce Act, 1869.

  • Parsi Law: Parsi Marriage and Divorce Act, 1936.

  • Special Marriage Act, 1954: Sections 36 and 37 for interfaith couples.

Financial and Tax Planning After Divorce

Courts also factor in future earning capacity and child needs. In one case, Jharkhand High Court raised alimony to INR 90,000 after RTI findings on income and considering an autistic child’s care. Karnal: Septuagenarian Couple Ends 43-Year Marriage With INR 3 Crore Divorce Alimony After 11-Year Court Battle.

Financial steps post-divorce include opening a separate bank account, budgeting, updating insurance and property nominees, and understanding taxes. Lump-sum alimony is tax-free, while monthly alimony is taxable. Proper documentation in the divorce decree and updating wills are vital. Consulting a divorce lawyer and financial planner can help secure long-term independence.

(The above story first appeared on LatestLY on Aug 16, 2025 06:16 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).