How Much Alimony Can A Wife/Husband Claim In Delhi?
In the context of divorce, alimony—also known as maintenance—is often one of the most contested issues.
Whether you are a wife or husband seeking or contesting alimony in Delhi, understanding how courts determine the amount is crucial.
In Delhi, courts consider multiple factors like income, lifestyle, and duration of marriage before deciding on maintenance and alimony, to ensure a fair outcome for both spouses.
Contrary to popular belief, there is no fixed amount for alimony in India. Instead, it is determined case-by-case based on multiple variables.
1. Who Can Claim Alimony?
Traditionally, wives who were financially dependent on their husbands were awarded alimony. But now, Indian law is gender-neutral in matters of maintenance.
Under Section 24 of the Hindu Marriage Act, either spouse can request maintenance if they do not have adequate income to support themselves during or after the divorce.
Courts evaluate the individual circumstances to determine eligibility and the fair amount.
2. Types Of Alimony
There are two main types of alimony:
Interim Maintenance:
Temporary support paid during ongoing divorce proceedings.Permanent Alimony:
One-time or periodic payment ordered after the divorce is finalized.
Courts may order either or both based on the situation.
3. Factors That Affect Alimony Amount
There’s no universal formula, but courts in Delhi typically evaluate the following:
A. Income Of Both Parties
Includes:
- Salaries
- Business income
- Rental earnings
- Investment returns
If one spouse earns substantially more, the other may be awarded alimony to bridge the financial disparity.
B. Standard Of Living During Marriage
Courts attempt to ensure the dependent spouse maintains a similar lifestyle post-divorce. If the couple enjoyed a high standard of living, the alimony amount may be higher.
C. Duration Of Marriage
- Longer marriages (10–15+ years) may result in higher alimony.
- Shorter marriages usually lead to lower or temporary support.
D. Age And Health Of The Claiming Spouse
- Elderly or medically unfit individuals may receive higher or long-term support.
- Younger, employable persons may be awarded temporary maintenance until they become self-sufficient.
E. Custody Of Children
If the claiming spouse has custody of children, the court may grant higher maintenance to ensure their welfare and education.
4. Typical Alimony Amounts
While not fixed, here are some common guidelines followed by Indian courts:
Monthly Maintenance:
Generally, 20% to 33% of the paying spouse’s net monthly income.Lump-Sum Settlement:
Can range from 1/3rd to 1/5th of the total assets of the paying spouse (usually the husband).
These are not hard rules and may vary depending on the financial situation and conduct of both parties.
5. Can Alimony Be Denied?
Yes, alimony may be denied or reduced if:
- The claiming spouse is employed and earns enough for self-support
- There’s evidence of misconduct, bad faith, or concealment of facts
- The spouse voluntarily gave up employment despite being able to work
Final Thoughts
Alimony is not a one-size-fits-all decision. The court tailors the judgment based on financial dependency, lifestyle, marriage duration, and other case-specific factors.
Whether you're claiming or contesting alimony, seeking expert legal advice is essential.
Being informed about your rights and obligations can help you navigate the divorce process more effectively, reduce stress, and ensure a fair and just outcome.