Can alimony be claimed after divorce in India? Learn the legal position, key factors, documents, and when to consult Advocate BK Singh at LEGAL365 in 2026.
Divorce ends a marriage, but it does not always terminate the financial relationship between spouses. Several months â or years â after your divorce decree was entered, you may find yourself wondering: can you claim alimony after divorce in India?
The answer is yes, depending on the facts of your case. However, the right is not guaranteed. The marriage act governing your divorce, the language of your divorce decree, any settlement agreement you already signed, both spousesâ financial circumstances, remarriage, and other factors can impact your legal options.
For instance, Section 25 of the Hindu Marriage Act, 19 (55 allows a court to award permanent alimony when passing a decree. A court may also modify the decree afterwards. Notably, either the wife or the husband can file an application under this section. After reviewing the partiesâ income, property, conduct and other factors, a court may pass whatever order it deems just.
Divorced women may also seek maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 20 (23. For purposes of this chapter, âwifeâ includes a woman who has been divorced by or from her husband and who has not remarried.
Families do not usually seek advice on matrimonial law. They want to know if their divorce decree allows them to claim money from their ex-spouse.
That is why reviewing your divorce documents early can be beneficial. At LEGAL365, we help people understand divorce, maintenance, and other family law issues. Advocate BK Singh heads the legal practice.
Maintenance after divorce can impact housing, kidsâ expenses, retirement funds and basic finances. It can be equally consequential for the spouse seeking support or the spouse who receives an unexpected demand after thinking every financial matter had been resolved.
At LEGAL365, for clients living in Delhi NCR, Ghaziabad, Noida, Gurugram, Mumbai, Bengaluru, Lucknow and other cities in India, we start with one question. What does the divorce decree actually say?
A binding settlement, terms of a mutual-consent divorce, prior maintenance order or a later remarriage can change the legal landscape. Donât rely on assumptions.
Permanent alimony refers to financial assistance awarded which can be connected with a decree in a matrimonial proceeding. Permanent alimony can be awarded as a lump sum or monthly payments depending on what law applies and what the court orders.
Permanent alimony is separate from maintenance awarded while the case is pending.
Clients who come to LEGAL365 should keep these two concepts separate when coming up with expectations of how much or how long support should be awarded.
Not every rule fits all broken marriages.
Where parties were married under Hindu Marriage Act, 1955, section 25 allows for the court to make provision for permanent alimony at the time of or after decree. Either husband or wife can make such application.
Where parties married under Special Marriage Act, 1954; section 37 allows for Permanent alimony and maintenance to be awarded to wife, along with the consideration of wifeâs property, husbandâs property and earning capacity, conduct and all other circumstances; provision also allows for change in order if circumstances change in the future.
Parsi Marriage and Divorce Act, 1936 also has provision for permanent-alimony under section 40 allowing application to be made by wife or husband.
Section 144 BNSS contains another ground for maintenance to a qualified wife. Divorced wife who hasnât remarried qualifies as a wife for this section.
Matrimonial and maintenance petitions come within the jurisdiction of Family Courts where they have been established. Section 7 Family Courts Act, 1984 expressly states that proceeding related to marriage and maintenance are covered under the Act.
Since different statues have different wordings,LEGAL365 analyses the marriage statute under which you were married and any orders that may have already been passed before determining whether your post divorce claim is realistically maintainable.
Seek legal counsel if your divorce decree is final, but alimony was not awarded, an ex-spouse has suddenly requested maintenance from you, your previous financial situation has dramatically changed, or you are unsure what a settlement clause in your divorce decree means. Get a lawyerâs advice before agreeing to any "full and final" marital settlement that includes permanent alimony.
LEGAL365's authenticated divorce lawyers listing includes legal experts handling divorce matters related to maintenance and alimony. According to the website's own lawyer listing page, LEGAL365's divorce law division is headed by Advocate BK Singh.
DIVORCE DECREE. If you google âAlimonyâ, you will probably see one page about salary slips. Alimony requests seldom deal with one salary slip. They can entail a divorce decree, wording of settlement, competing financial disclosures, prior maintenance proceedings and modifications after separation.
Advocate BK Singh is the founder of LEGAL365 and oversees legal analysis on matrimonial disputes. âThe blog posts on our site about our practice clearly state that we offer legal analysis, document review and realistic advice. We donât guarantee a specific outcome.â This matters for a client. Many law firms will tell a person they can win an alimony case. LEGAL365 can tell a client if a statute allows for a claim, if a previous settlement modifies that right, what documents need to be reviewed and what court has jurisdiction. We donât want to open a client up to needless litigation. We want our client to know where they stand.
Yes. It depends on which law applies and what orders, if any, were passed earlier or what settlement, if any, was agreed to. For instance, under Hindu Marriage Act ? Section 25 permits an application for permanent alimony even after the decree has been passed.
Yes. Since Section 25 of Hindu Marriage Act permits the wife or husband to file for permanent alimony, either spouse can make the request. The other matrimonial laws use different language, so first you need to determine which marriage law applies.
No. Simply getting divorced does not automatically entitle someone to a predetermined alimony award. Things like financial conditions, which law applies, whether there are existing agreements and the facts presented to the court can impact both eligibility and the amount of the award.
Not necessarily. A judge will look at income/assets, property, financial needs and other factors. The court will look at the financial status of both parties instead of just whether she has a job.
None of the laws quoted above say there is a 25% benchmark in every divorce case. Every situation is different. Speak to an attorney who can review the partiesâ actual income, assets, debts, children etc. and cite the proper section of the applicable marriage law.
Maybe. It depends on what the parties agreed to when they got the mutual- consent divorce. If you both put financial settlements or waivers in writing when you divorced by mutual consent, have those documents reviewed by a lawyer before assuming you can or canât re-open this issue.
Yes. Section 144 of BNSS states that âExplanationâ â In this section, âdivorced wifeâ means a divorced wife who has not remarried. The Sanhita also cancels the maintenance order when she remarries.
Yes. Some laws allow you to request the court to alter the order if your situation changes. Section 37(2) of Special Marriage Act allows court to âvary, modify or rescind any order" granting permanent- alimony if the circumstances of the parties change.
It depends on which law applies, where the original marriage case was filed and what city or state the parties live in. If your state has Family Courts, then the Family Court has jurisdiction to hear both matrimonial disputes and maintenance cases.
Yes. We can review the decree, settlement agreement if any, previous maintenance orders (if any) and relevant financial information so Advocate BK Singh can advise on the legal options before you decide to take any further action.
One can file for alimony from their spouse even after divorce in India. However, it is subject to various factors like which matrimonial law applies to you, your financial position, any settlements made earlier, court orders etc. You should not assume that you will get a certain amount or that you are automatically entitled to it. Each case is different and needs to be evaluated on its own merits. At LEGAL365, Advocate BK Singh will analyze your divorce decree and financial statements and advise you on the maintainability of claiming alimony from your spouse post divorce.
Speak directly with Advocate BK Singh at LEGAL365.
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