How to Claim Permanent Alimony After Divorce

Introduction

Going through a divorce is already one of the hardest experiences in life. And once the marriage ends, a very practical question often follows: How will I manage financially?

If you were financially dependent on your spouse — or if your income is significantly lower than theirs — Indian law gives you the right to claim permanent alimony. This is a regular financial support that one spouse pays the other after a divorce, either as a lump sum or in monthly instalments.

But how exactly do you claim it? What laws protect you? And what will a court look at before deciding the amount?

This article answers all of that in plain, simple language.

What is Permanent Alimony?

Permanent alimony (also called permanent maintenance) is financial support that a court orders one spouse to pay the other after the divorce is finalised. Unlike interim maintenance (which is paid during the divorce proceedings), permanent alimony kicks in after the divorce decree is passed.

The word "permanent" does not always mean lifelong. It means the alimony is fixed by a court order at the time of divorce. It can be:

• A one-time lump sum payment, or

• Monthly payments for a specific period, or

• Monthly payments until a certain condition changes (like remarriage)

Either spouse — husband or wife — can apply for permanent alimony. However, in practice, it is most commonly claimed by a financially dependent wife.

Which Laws Govern Permanent Alimony in India?

India does not have a single uniform law for alimony. The applicable law depends on your religion:

1. Hindu Marriage Act, 1955 — Section 25

Applies to Hindus, Buddhists, Jains, and Sikhs. Section 25 specifically deals with permanent alimony and maintenance. Either spouse can apply at the time of the divorce decree or any time after.

2. Special Marriage Act, 1954 — Section 37

Applies to inter-religion or civil marriages. Similar to Section 25 of the Hindu Marriage Act, it allows either spouse to seek permanent alimony.

3. Muslim Personal Law (Shariat) Application Act, 1937 & Muslim Women (Protection of Rights on Divorce) Act, 1986

For Muslim women, maintenance during the iddat period (approximately three months after divorce) is mandatory. The Muslim Women (Protection of Rights on Divorce) Act, 1986, also allows a Muslim woman to claim a fair and reasonable amount for her future from her former husband.

4. Indian Divorce Act, 1869 — Section 37

Applies to Christians. Either spouse may apply for permanent alimony after the divorce.

5. Parsi Marriage and Divorce Act, 1936 — Section 40

Applies to Parsis. Similar provisions exist for permanent maintenance.

6. Section 125, Code of Criminal Procedure (CrPC) / Section 144 BNSS

This is a secular provision available to anyone, regardless of religion. It allows a spouse (or child or parent) to claim maintenance if they have no independent means of income. Courts often use this section to grant emergency or long-term maintenance.

Who is Eligible to Claim Permanent Alimony?

While the exact rules vary by personal law, generally speaking you may be eligible if:

• You were legally married and the marriage has ended in divorce

• You are unable to support yourself financially, or your income is significantly lower than your spouse's

• You have custody of children, which limits your ability to work full-time

• You gave up your career or education during the marriage

• You are suffering from illness or disability

Courts in India have also started recognising the unpaid contribution of homemakers. If you stayed home to manage the household and raise children, that is considered a financial contribution to the marriage.

Factors Courts Consider When Deciding Permanent Alimony

A family court does not fix a random amount. It looks at several factors before deciding how much alimony to award and for how long:

1. Income and financial status of both spouses The court compares the earnings, assets, and overall financial condition of both parties.

2. Standard of living during the marriage The alimony should help the dependent spouse maintain a reasonably similar lifestyle.

3. Duration of the marriage Longer marriages generally result in higher or longer-lasting alimony.

4. Age and health of the applicant An older or unwell spouse who cannot easily find employment may receive more support.

5. Contribution to the marriage Whether the spouse contributed as a homemaker, supported the other's career, or gave up their own professional opportunities.

6. Custody of children If you have custody of the children, the court is more likely to grant higher maintenance.

7. Conduct of the parties Courts sometimes consider whether one spouse was at fault for the breakdown of the marriage, though this is not always a deciding factor.

8. Property received as part of settlement If you have already received property or a large settlement, the court may reduce the alimony amount.

Step-by-Step: How to Claim Permanent Alimony After Divorce

Here is the process, explained simply:

Step 1: Consult a Family Lawyer

Before filing anything, speak to a lawyer who specialises in family law. They will help you understand which law applies to your case and what documents you need.

Step 2: File a Petition in Family Court

You need to file an application (petition) for permanent alimony in the Family Court that has jurisdiction over your area (usually where you or your spouse currently lives, or where the marriage took place).

If a divorce case is already ongoing, you can file the alimony application as part of the same case. If the divorce has already been granted, you can file a fresh application under the relevant personal law.

Step 3: Prepare and Submit Documents

You will typically need:

• Copy of the marriage certificate

• Copy of the divorce decree (if already obtained)

• Proof of your income (salary slips, bank statements, or an affidavit stating you have no income)

• Proof of spouse's income (if available — salary slips, tax returns, property records)

• Identity proof (Aadhaar, PAN, passport)

• Proof of residence

• Details of shared children, if any

• Any evidence showing your financial dependence or inability to work

Step 4: Serve Notice to the Other Spouse

The court will issue a notice to your spouse, requiring them to appear and respond to your application. Your spouse will have the opportunity to contest the claim.

Step 5: Court Hearings

Both sides will present their arguments. The court may ask for documents, conduct cross-examinations, or call witnesses. Be prepared for this process to take several months.

Step 6: Court Order

After hearing both sides, the judge will pass an order specifying:

• Whether alimony is granted

• The amount (lump sum or monthly)

• The duration (lifelong, until remarriage, or for a fixed period)

Step 7: Enforcement

If your spouse does not comply with the court order, you can file for contempt of court or approach the court for enforcement. The court can take measures such as attachment of property or wages.

Can Permanent Alimony Be Changed Later?

Yes. Permanent alimony is not always fixed forever. Either party can approach the court to modify or cancel the order if there is a significant change in circumstances, such as:

• The recipient spouse remarries

• The recipient's financial condition improves substantially

• The paying spouse loses their job or suffers a major drop in income

• The recipient starts cohabiting with another person

• The paying spouse retires or develops a serious illness

Important Tips to Strengthen Your Alimony Claim

• Keep records of all shared expenses during the marriage — rent receipts, school fees, bills — they help establish the standard of living

• Document your spouse's income and assets as thoroughly as possible, even if unofficial (business income, property, vehicles)

• File honestly — courts take a dim view of inflated claims or hidden assets on either side

• Hire an experienced family lawyer — alimony negotiations can be complex and emotionally charged

• Consider mediation — if both parties are willing, a mediated settlement can be faster and less stressful than a contested court battle

Common Myths About Alimony in India

Myth: Only wives can claim alimony. Fact: Any spouse — husband or wife — can claim alimony if they are financially dependent.

Myth: Alimony is always for life. Fact: Courts decide the duration based on circumstances. It can be a one-time payment or time-limited monthly support.

Myth: If you are at fault for the divorce, you cannot get alimony. Fact: While conduct can be a factor, being at fault does not automatically disqualify you from claiming maintenance, especially if you have no other means of support.

Myth: Alimony amount is always 50% of the spouse's income. Fact: There is no fixed percentage under Indian law. Courts decide based on the specific facts of each case.

Conclusion

Claiming permanent alimony after divorce in India is your legal right if you are financially dependent on your spouse. The process involves filing a petition in family court, presenting evidence of your financial need and your spouse's capacity to pay, and going through court hearings.

The most important step is to consult an experienced family lawyer who can guide you based on the specific law that applies to your marriage and your personal situation.

You do not have to face financial insecurity after a divorce. The law is there to protect you — and knowing your rights is the first step to using them.