How Is Maintenance Calculated After Divorce?

Maintenance is one of the most contested aspects of a matrimonial matter, and unlike some other jurisdictions, Indian law doesn't prescribe a fixed percentage-of-income formula. Instead, courts assess a set of factors on the facts of each case.

The legal basis

Maintenance claims can arise under more than one provision depending on the circumstances — Section 125 of the Code of Criminal Procedure (now carried forward under the Bharatiya Nagarik Suraksha Sanhita) provides a general, religion-neutral remedy, while the Hindu Marriage Act and the Hindu Adoptions and Maintenance Act provide for interim and permanent maintenance in matters governed by Hindu law. Other personal laws and the Special Marriage Act contain their own provisions.

Factors courts actually weigh

Rather than applying a formula, courts typically look at a combination of factors specific to the parties involved.

• Income and earning capacity of both spouses, not just the paying spouse
• The standard of living the parties maintained during the marriage
• The claimant's reasonable needs, including housing and medical expenses
• Whether the claimant has independent income or assets of their own
• The needs of any children, where maintenance for children is also being decided

Interim vs. permanent maintenance

Interim maintenance may be awarded while proceedings are still pending, to meet immediate needs during the litigation itself. Permanent maintenance or alimony is fixed at the time of the final decree, and can be structured as periodic payments or a one-time lump sum, depending on what the parties agree or the court directs.

The takeaway

Because there's no fixed formula, presenting a clear, well-documented picture of both spouses' actual financial position is usually what determines the outcome — far more than the arguments made around it.