Maintenance and alimony: what is the difference?
The two words are often used interchangeably, but it helps to separate them:
- Maintenance usually refers to periodic payments (often monthly) to meet the day-to-day needs of a spouse or child. It can be ordered while a case is pending (interim maintenance) or on a continuing basis.
- Alimony, or permanent alimony, usually refers to the financial provision made at the time of, or after, the divorce decree. It may be a lump sum, periodic payments, or a combination.
The main legal provisions
Section 24, Hindu Marriage Act: maintenance during the case
Where either spouse has no independent income sufficient for their support and the necessary expenses of the proceeding, the court may order the other spouse to pay monthly maintenance and litigation expenses while the case is pending. The provision is gender-neutral. The Act requires such applications to be disposed of, as far as possible, within sixty days of service of notice on the other side.
Section 25, Hindu Marriage Act: permanent alimony
At the time of passing a decree, or at any time afterwards, the court may order one spouse to pay the other a gross sum or monthly or periodic sum for their maintenance and support, having regard to the income and property of both, the conduct of the parties and other circumstances. The order can be varied or rescinded if circumstances change, for example if the recipient remarries.
Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023
This provision replaced Section 125 of the Code of Criminal Procedure from 1 July 2024. A wife unable to maintain herself, minor children (legitimate or not), adult children unable to maintain themselves due to physical or mental abnormality, and parents may seek a monthly allowance from a person with sufficient means who neglects or refuses to maintain them. A divorced wife who has not remarried is included in “wife”. The magistrate may also grant interim maintenance during the proceeding, and such applications are, as far as possible, to be disposed of within sixty days of service of notice.
Hindu Adoptions and Maintenance Act, 1956
Section 18 gives a Hindu wife the right to be maintained by her husband during her lifetime, and Section 20 gives children and aged or infirm parents a right to maintenance.
Protection of Women from Domestic Violence Act, 2005
Section 20 allows the magistrate to grant monetary relief to an aggrieved woman and her children, including maintenance, and Section 19 allows residence orders. These can be sought alongside other proceedings.
Special Marriage Act, 1954
For marriages under the Special Marriage Act, Sections 36 and 37 provide for maintenance during the case and permanent alimony in favour of the wife. See our page on Special Marriage Act divorce.
Rajnesh v. Neha: the Supreme Court’s framework
Because maintenance can be claimed under several laws at once, the Supreme Court in Rajnesh v. Neha (2020) laid down guidelines that Family Courts in Delhi NCR follow:
- Affidavit of disclosure. Both parties must file a detailed affidavit disclosing their assets, liabilities, income and expenses in the format prescribed by the Court. Concealment or false statements can have serious consequences.
- Overlapping claims. Where maintenance is claimed in more than one proceeding, the applicant must disclose earlier orders, and the later court takes the amount already awarded into account, so that there is no double recovery.
- Date of entitlement. Maintenance is to be awarded from the date the application was filed.
- Enforcement. Orders are enforceable through the procedures available under the relevant law, and courts may also use contempt powers in suitable cases.
How courts assess the amount
There is no fixed percentage or formula. Drawing on Rajnesh v. Neha and later decisions such as Kiran Jyot Maini v. Anish Pramod Patel (2024), the factors commonly considered include:
- the status of the parties and the standard of living enjoyed during the marriage;
- the reasonable needs of the claimant and of any children living with them;
- the income, assets and liabilities of both spouses, including rental and business income;
- the educational qualifications, employment history and earning capacity of each spouse;
- whether the claimant gave up employment or career opportunities to look after the family;
- the duration of the marriage and the age and health of the parties;
- other legal obligations of the paying spouse, such as dependent parents; and
- the cost of the children’s education and any special needs.
Courts are cautious about claims that an earning spouse has no income, and they may look at lifestyle, bank statements, tax returns and property records to assess real income. Equally, they consider whether the claimant is capable of earning and is making reasonable efforts to do so.
Child maintenance
Children have an independent right to be maintained by their parents, and it does not depend on which parent has custody. Maintenance for children usually covers food, clothing, housing, school fees, tuition, medical costs and reasonable extracurricular expenses. Both parents are expected to contribute according to their means. Read more on our child custody page.
Alimony in a mutual consent divorce
In a mutual consent divorce, spouses usually agree on a one-time settlement amount covering all past, present and future maintenance claims, often paid in instalments linked to the first and second motions. The terms are recorded in the settlement agreement and in the statements made before the court. Once a full and final settlement is recorded and the decree passed, the courts generally hold the parties to its terms, although the right of children to maintenance cannot be bargained away by their parents.
Stridhan and property
Stridhan, meaning property given to a woman before, at or after marriage, including jewellery and gifts, is her absolute property. She is entitled to its return. Section 27 of the Hindu Marriage Act also allows the court to make provisions in the decree about property presented at or about the time of marriage that belongs jointly to both spouses. Other property disputes, such as claims over the matrimonial home, may need separate proceedings.
Documents that help
- Income tax returns and Form 16 for the last few years.
- Salary slips, appointment letters and bank statements.
- Details of property, vehicles, investments and loans.
- Proof of monthly expenses, including rent, school fees and medical costs.
- Any earlier maintenance orders or settlements.
Maintenance questions often arise within a contested divorce. If one spouse lives abroad, see our NRI divorce page for how foreign income and enforcement issues are handled. More short answers are on our divorce FAQ page.
Last reviewed: September 2026. This page is general information about the law and is not legal advice. Laws, rules and court practice change; please take advice on your specific facts.