Unspoken Divorce Facts: Alimony Laws You Probably Didn’t Know About, As Per Lawyers

Basics Of Alimony Laws

Niharika explained that Alimony may be understood as the legal obligation to provide financial support to a spouse, in the event of a divorce or separation. It can be through either payment made on a monthly or quarterly basis, or via a one-time financial settlement. Furthermore, alimony may also be ‘pendente lite’, which is alimony paid during the course of divorce proceedings, or permanent alimony (which would continue until a change in circumstance).

Siddharth Chandrashekhar highlighted that if the Hon’ble court (gives a divorce, or even before or later ) one spouse requests, it can order the other spouse to pay money for their financial support. This could be a one-time lump sum or regular payments (monthly or periodic). The court will consider both spouses' incomes, properties, behaviour, and the overall situation before deciding. If needed, the court can secure these payments by creating a "charge" on the payer's immovable property (like their house).

Types Of Alimony Laws

Here are the types of Alimony Laws:

Permanent Alimony

A lifelong financial arrangement where one spouse pays the other a fixed amount regularly (monthly/ quarterly/ yearly). It’s awarded after divorce, Siddharth explained.

Interim Maintenance

Temporary financial support provided DURING the divorce proceedings to help the financially weaker spouse cover expenses.

Lump-Sum Alimony

A one-time payment made INSTEAD of regular payments. It avoids ongoing dependency and is often preferred for its finality.

Child Support/Maintenance

Not strictly alimony, but if children are involved, the non-custodial parent may be directed to pay for their upbringing and education.

The choice of alimony type depends on individual needs, financial capacity, and the court’s discretion.

Alimony Laws In Different Religions

A number of acts under Indian law provide for the payment of alimony:

Hindu Marriage Act

Niharika highlighted that under the Hindu Marriage Act, 1955, section 25 empowers a Court to order the payment of alimony to either spouse, upon the receipt of an application. In the event of a change of circumstance, the Court may be approached for modification of the order.

Indian Divorce Act

Niharika highlighted that under the Indian Divorce Act, of 1869, a wife may approach the Court seeking alimony from her husband either during or following divorce proceedings. The factors taken into account while determining the grant of alimony are the ability of the husband to pay, the wife’s financial circumstances and the conduct of the parties. If, due to a change in circumstances the husband becomes unable to continue paying alimony, the Court may take that into account and modify the order.

Parsi Marriage And Divorce Act

Section 40 of the Parsi Marriage and Divorce Act, 1936, allows either spouse in a marriage to approach a Court seeking alimony. The determination is made on the basis of the earning capacity and financial resources of each party, the standard of living that they have enjoyed during the marriage and the conduct of the parties. The Court is empowered to modify the order in the event of a change in circumstances.

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Special Marriage Act

Section 36 (dealing with alimony pendente lite or alimony paid during the pendency of divorce proceedings) and section 37 (dealing with permanent alimony) of the Special Marriage Act, 1954, allow a wife to approach the Court seeking alimony from her husband. The Court may consider the husband’s ability to pay and the wife’s needs as well as the conduct of both parties, while determining alimony.

Muslim Marriage Act

The Muslim Women (Protection of Rights on Divorce) Act, 1986, provides that a woman may seek alimony from her former husband. The Act states that a divorced Muslim woman is entitled to a reasonable and fair amount of maintenance during the Iddat period; she is further entitled to the amount of Mahr agreed to at the time of her marriage. Furthermore, by the determination of the Supreme Court, any Muslim woman would also be entitled to maintenance under section 125 of the CrPC (now replaced by the Bhartiya Nagarik Suraksha Sanhita, 2023).

Above all, Niharika highlighted that section 144 of the Bhartiya Nagarik Suraksha Sanhita provides for maintenance for wives, children and parents who are unable to maintain themselves. Any Indian woman may approach the Court seeking maintenance from a divorced husband under this provision.

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