There is no fixed formula and no statutory percentage. Anyone who quotes you a flat number is guessing. Maintenance and alimony are discretionary, decided on the facts of the individual case.
What the court actually weighs
- The income, assets and liabilities of both spouses, and the gap between them
- The standard of living enjoyed during the marriage
- The claimant's reasonable needs, and their own earning capacity and qualifications
- The length of the marriage
- Age, health, and who carries the day-to-day responsibility for the children
The income affidavit changed how this works
In Rajnesh v. Neha (2020) the Supreme Court laid down a standard affidavit of disclosure of assets and liabilities that both sides must file in maintenance proceedings, with directions on when maintenance runs from and how overlapping claims under different statutes are adjusted. In practice this is the centre of the case. Vague financial pleadings get vague orders; a properly documented affidavit with salary slips, bank statements, tax returns and loan records moves the number far more than argument does.
Courts have sometimes used roughly 25 percent of the paying spouse's net monthly income as a working reference for ongoing maintenance. It is a reference point that appears in some judgments, not a rule, not a right, and not a ceiling. Do not plan around it.
Interim, permanent, monthly or lump sum
Maintenance can be interim (payable while the case runs) and permanent (fixed at the end). It can be a monthly amount or a one-time lump sum, which many couples prefer because it ends the financial relationship cleanly and removes the risk of chasing arrears for years.
In a mutual consent divorce
Alimony is whatever both spouses agree. A lump sum, a monthly figure, or nil. What matters is that the agreed terms are written into the settlement the court records. A promise made outside the decree is very hard to enforce; a term recorded in the decree can be executed.