Divorce Alimony in India: Complete 2025 Guide

One of the first questions people ask during a breakup is simple but stressful: “How much alimony will I have to pay or receive?” If you are going through a second marriage, you may even wonder whether the alimony from the first divorce will affect this one.

Here is the short answer:

Divorce alimony in India is not fixed by any one formula.
Courts look at income, assets, lifestyle, needs, and the length of marriage to get alimony in India.
A spouse can sometimes get a divorce without alimony in India if the other side is financially secure or both sign a fair settlement.
And very importantly, the Supreme Court has now said that alimony from a previous divorce is irrelevant when deciding support in a second divorce.

This guide from ManAT Legal explains the alimony rules in India, recent Supreme Court thinking, and practical tips on how to avoid alimony in India legally, without hiding income or breaking the law.

What does divorce alimony in India mean?

In day-to-day language, people use “maintenance” and divorce alimony in India as if they are the same thing. Legally, there are a few layers:

Interim maintenance – temporary support during the divorce case, to cover basic living expenses and legal costs.
Permanent alimony – long-term support ordered when the court grants a divorce or any final decree.
Monthly or lump sum – the court can award a monthly amount, a one-time lump sum, or a mix of both.

Different laws talk about these ideas:

Hindu Marriage Act – Section 24 (interim maintenance) and Section 25 (permanent alimony and maintenance).
Special Marriage Act and other personal laws – similar powers.
Criminal Procedure Code (CrPC) Section 125 – order for maintenance of wives, children and parents.
Protection of Women from Domestic Violence Act, 2005 – separate monetary reliefs and maintenance.

So when we speak about alimony laws in India, we are really talking about a group of rights that work together, not just one section or one Act. If you want to understand the broader grounds on which a marriage can legally end, you can read our guide on grounds for divorce in India.

Key alimony laws in India: how courts think

There is no fixed percentage or ready-made chart in alimony laws in India. Instead, judges look at a set of practical questions in every case:

Income of both spouses – salary, business earnings, investments, and rental income.
Assets and liabilities – property, loans, EMIs, and other responsibilities.
Standard of living during marriage – lifestyle should not collapse overnight after divorce, especially for the financially weaker spouse.
Health and age – medical needs, ability to work, retirement.
Children – custody, school fees, special needs, and daily expenses.
Conduct and contribution – who took care of the home and children, who gave up career opportunities, and whether there was cruelty or abandonment.

Courts also look at the paying spouse’s real capacity, not just the salary slip on paper. Hiding income, transferring assets temporarily, or showing fake loans can backfire badly.

In recent judgments, higher courts have made two things clear:

A working wife can still get alimony if her income is much lower than the husband’s and does not match the lifestyle during marriage.
There should be a fair balance so that one spouse is not left in poverty while the other enjoys a very high lifestyle.

This flexible approach keeps alimony rules in India fair and adaptable to different families.

Length of marriage to get alimony in India

Many people search for “length of marriage to get alimony in India” and hope for a magic number of years. The truth is:

There is no rigid minimum duration written in the law.
Even short marriages can lead to maintenance if one spouse is genuinely dependent.
However, longer marriages usually increase the chances and the amount of alimony, because:
The weaker spouse may have sacrificed a career for housework and childcare.
The shared lifestyle is more established over time.
There is deeper financial and emotional interdependence.

Courts often view:

Marriages of a few months or very short duration as situations where a small, one-time amount may be enough.
Medium-term marriages (for example, 5–10 years) as cases where either monthly support or a larger one-time settlement is realistic.
Long marriages (15–20+ years) as situations where long-term or even lifelong support can be necessary, especially if the receiving spouse has limited earning capacity.

So, the length of marriage to get alimony in India is an important factor, but it is only one part of a bigger picture.

Is alimony from a previous divorce relevant in a second divorce?

Now we come to the special question from your outline: what if a person has already received a big settlement from an earlier marriage?

The Supreme Court has very clearly answered this. In a recent 2025 Supreme Court case, Anurag Vijaykumar Goel v. State of Maharashtra & Anr., both spouses were previously divorced and in their second marriage. The husband argued that the wife had already received a “fair settlement” from her first divorce, so she should not get anything more in the second divorce.

The Supreme Court rejected this argument. The Court held that:

Each marriage is a separate legal relationship.
Each divorce creates its own rights and obligations.
Alimony received from a first divorce is not a relevant consideration when deciding support in the second divorce.

The judges underlined a few principles:

Separate legal entity – Every marriage stands on its own. The law looks at the specific husband and wife, their income, their lifestyle, and their responsibilities in this particular relationship.
Focus on current needs – The test is whether the spouse seeking support now needs it, given their current financial situation, not what happened ten years ago in another case.
No automatic set-off – A previous settlement cannot be used as an excuse to deny fair support now. At most, it may show that the spouse has some existing assets, but it does not wipe out the other spouse’s duty.
Fresh start principle – The first divorce is a closed chapter. The second marriage is a fresh chapter with fresh financial duties.

In this case, the Supreme Court used its special powers to dissolve an emotionally dead marriage and ordered the husband to give the wife a valuable apartment as a one-time settlement. At the same time, it closed pending criminal cases to bring final peace between them.

This judgment sends a clear message: divorce alimony in India depends on the realities of the current marriage, not on what someone may have received long ago from a different spouse.

Practical alimony rules in India: common situations

To understand alimony laws in India, it helps to look at a few practical scenarios.

1. Working wife versus high-earning husband

If both spouses work but the husband earns far more, courts often:

Grant maintenance so the wife and children can live at a similar level to the marital lifestyle.
Avoid punishing a woman for having a job; the fact that she earns does not automatically wipe out her claim.

2. Husband with lower income

Alimony is gender-neutral in law. A husband can also seek support if:

He has a much lower income or health issues.
He can show genuine dependence and sacrifice.

3. Second marriage and blended families

In second marriages:

The presence of children from earlier marriages, existing maintenance orders, and shared properties all matter.
Courts try to avoid double-counting the same asset, but they do not subtract old alimony from the new spouse’s rights.

4. Void or broken marriages

Even when a marriage is declared void, higher courts have held that a spouse can still claim maintenance under certain laws. The goal of divorce alimony in India is to prevent destitution and unfair hardship, not just to reward legally perfect marriages.

Can you get a divorce without alimony in India?

Many paying spouses want to know if divorce without alimony in India is possible. The honest answer is: sometimes yes, but only in specific situations.

You are more likely to see a divorce without long-term alimony when:

Both spouses earn similar incomes and are financially independent.
The marriage was very short, and there are no children.
Both sides sign a fair settlement agreement, where one spouse clearly waives maintenance in exchange for something else (for example, a one-time lump sum, or full rights over a particular property).
The spouse claiming alimony has hidden facts, made false claims, or is clearly able to support themselves in the same lifestyle.

Courts will not allow divorce without alimony in India if:

One spouse has no real income or assets.
There are dependent children and high expenses.
The paying spouse has capacity but wants to escape all responsibility.

Judges look at fairness. They want both spouses to move on with dignity, without turning maintenance into a weapon.

How to avoid alimony in India – the legal way

Search terms like how to avoid alimony in India are very common. But trying to dodge support by lying about income, transferring assets, or abandoning dependents is risky and unethical.

Legal and sensible ways to reduce or avoid alimony include:

Transparent settlement in mutual consent divorce – agree on a balanced one-time payment, property transfer, or a clear waiver of future maintenance.
Showing genuine financial equality – prove that both spouses have similar earning capacity and resources.
Highlighting misconduct of the claimant, in some cases, serious cruelty, desertion, or bigamy by the spouse asking for support can influence the court. Domestic violence and sustained cruelty are discussed in more detail in our blog on domestic violence as a ground for divorce in India.
Updating the court on changed circumstances – if you lose your job, face serious illness, or your income drops sharply, you can apply to reduce maintenance.

The best way to handle alimony rules in India is to plan with a good family lawyer, instead of trying shortcuts that may lead to perjury or contempt of court.

FAQs on divorce alimony in India

1. How much alimony can a wife claim?

There is no fixed percentage in law. Courts usually look at:
Husband’s take-home income and assets
Wife’s income, skills, and real expenses
Children’s needs and school costs
Lifestyle during marriage
In many cases, monthly maintenance falls somewhere between one-quarter and one-third of the earning spouse’s net income, but this is not a hard rule. In high-income cases, courts may award lower percentages but higher absolute amounts, or a one-time lump sum.

2. What is the meaning of alimony in divorce?

imony is the financial support one spouse pays to the other after separation or divorce. The purpose is to:
Prevent the weaker spouse from falling into hardship.
Help maintain a lifestyle roughly similar to the marital standard, where possible.
Recognise unpaid work at home and the sacrifices made during the marriage.
In short, divorce alimony in India is meant to be a fair safety net, not a reward or punishment.Al

3. How to get a divorce without giving alimony?

To seek a divorce without alimony in India, you should:
Show that your spouse is financially independent and able to maintain a similar lifestyle on their own.
Consider a one-time, reasonable settlement instead of open-ended monthly payments.
Use mutual consent divorce, where both sides sign a clear agreement waiving further claims.
Put honest financial documents on record so the court sees the true picture. For a detailed checklist, you can refer to our article on documents required for divorce in India.
Remember, the court will step in if it feels the weaker spouse is being forced into an unfair deal. It is better to aim for balance than to aim for zero.

4. Why is alimony unfair?

Many paying spouses feel alimony is unfair when:
They think the other side is “taking advantage” of the law.
They are already supporting parents or children from another relationship.
They feel their spouse did not contribute enough to the marriage.
From the court’s point of view, however, alimony is about fairness over time. It recognises that one partner often gives up career growth to run the home, support the other’s career, or raise children. Without alimony, that partner could be left with no income, no savings, and no way to rebuild their life.
If the amount feels unfair, the right approach is to challenge it legally with proper evidence, not to stop paying on your own.

5. Length of marriage to get alimony in India?

There is no strict rule like “only after 5 years of marriage”. Courts consider the length of marriage to get alimony in India along with:
Age and health of both spouses
Whether one spouse left their job or education for the marriage
Presence of children and caregiving duties
Lifestyle and dependence created during the marriage
A very short marriage with a self-sufficient spouse may attract little or no long-term alimony. A long marriage with deep financial dependence is more likely to attract substantial support.

Need clarity on divorce alimony in India? ManAT Legal can help

Questions about divorce alimony in India are emotional as well as financial. You might be afraid of lifelong payments or worried about how you will survive after the marriage ends. You may have read many conflicting opinions online about alimony laws in India, percentages, and “zero alimony” strategies.

You do not have to figure this out alone.

At ManAT Legal, our family law team in Bangalore, including experienced divorce lawyers in Bangalore, can:

Review your income, assets, and liabilities in detail
Explain how courts are currently interpreting alimony rules in India
Help you negotiate a balanced settlement in a mutual consent divorce
Represent you in contested cases where maintenance and alimony are in dispute
Guide you on genuine options for divorce without alimony in India, or for claiming fair support if you are the weaker spouse

If you are unsure about what you may have to pay or what you are entitled to receive, speak to us before you sign anything. A clear strategy now can protect your finances and your peace of mind for years to come.

Reach out to ManAT Legal for a confidential consultation and get practical, grounded advice on your next steps.