When a marriage reaches the stage of separation or divorce, financial responsibilities become one of the most crucial aspects to resolve. Many people in Kolkata often ask how maintenance or alimony is calculated and why the amount differs from case to case.
This article provides a clear, updated (2025) explanation of how courts decide maintenance, along with practical legal insights.
What is Maintenance and Alimony in India?
Maintenance
Maintenance refers to monthly financial support given to a dependent spouse, children, or parents. It can be awarded during the case (interim maintenance) or at the end of it.
Alimony
Alimony is a one-time lump-sum payment, usually granted at the time of divorce settlement.
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Who Can Claim Maintenance?
1. Wife – If she is unable to maintain herself
2. Husband – In rare, genuine financial dependency cases
3. Children – Minor or disabled children
4. Parents – Dependent parents under the Senior Citizens Act
How Courts Decide Maintenance Amount? (Major Factors)
Indian courts do not follow a fixed formula. Instead, they consider several factors:
1. Income of Husband & Wife
Salary slips, business income, ITR, bank statements, and lifestyle clues.
2. Standard of Living During Marriage
Support must ensure similar dignity and lifestyle.
3. Necessary Monthly Expenses
Rent, food, medical needs, school fees, utilities, transportation.
4. Dependents
Children and dependent parents affect the final figure.
5. Cost of Living in Kolkata
Local living cost, school fees, and rentals influence the amount.
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6. Education, Skills & Work Capability
If the spouse is capable of earning, maintenance may be temporary.
7. Age & Health
Elderly or sick spouses may receive more support.
8. Duration of Marriage
Longer marriages = Higher maintenance.
9. Property, Assets & Savings
Real estate, FD, mutual funds, vehicles, etc.
10. Child Custody Responsibilities
If one spouse bears school fees, medical bills, daily care — maintenance increases.
Common Maintenance Ranges in India (General Estimates)
For spouse
20%–35% of the earning spouse’s net income (general court trend)
For children
₹5,000 to ₹25,000+ depending on lifestyle and schooling
One-time Alimony
1/5th to 1/3rd of total assets (varies widely)
Types of Maintenance
1. Interim Maintenance – During the ongoing case
2. Permanent Maintenance – Final decision
3. Child Maintenance – Till 18 or lifelong (if disabled)
4. Parent Maintenance – Under Senior Citizens Act
How to Apply for Maintenance?
Step 1: File a petition
Section 125 CrPC
Domestic Violence Act
Hindu Marriage Act
Senior Citizens Act
Step 2: Submit Income & Expense Proof
Includes salary slips, bank statements, rent receipts, bills.
Step 3: Court Hearings
Both sides present evidence.
Step 4: Final Order
Court decides monthly or lump-sum payment.
Can Maintenance Be Increased, Reduced, or Stopped?
Yes. Modification is allowed if:
income changes
job loss
remarriage
increase in school fees
health issues
lifestyle changes
FAQ – Frequently Asked Questions
How long does interim maintenance take?
2–6 months, depending on workload.
Can a working spouse still claim maintenance?
Yes, if the income is not enough for reasonable needs.
Is lump-sum alimony taxable?
No. Lump-sum alimony is tax-free.
Can a husband claim maintenance?
Yes, but only under genuine financial difficulty.
Does maintenance stop automatically after divorce?
No. A court order is required.
Conclusion
Understanding maintenance and alimony laws helps individuals take informed decisions during separation or divorce. If you need additional clarity, legal guidance, or support in matrimonial matters, you can explore the official website:
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Advocate Anirban Pramanik offers structured assistance in documentation, court process, and legal representation for divorce and maintenance-related matters.