Almost every conversation about divorce in India eventually lands on one anxious question: how much money changes hands, and who decides? And almost every one of those conversations starts from a wrong assumption — usually something a relative, a WhatsApp forward, or a movie planted years ago.
Maintenance (often loosely called “alimony”) is one of the most misunderstood areas of Indian family law. Both husbands and wives walk into it carrying myths that can cost them dearly. Here is what the law actually says, stripped of the folklore.
Myth 1: Maintenance is a fixed percentage of the husband’s salary
This is the most stubborn myth of all — the belief that a wife automatically gets “25 percent” or “one-third” of the husband’s income. There is no such statutory formula. Courts have, in some judgments, used rough benchmarks as a starting point for discussion, but no fixed percentage is written into any maintenance law.
What a court actually weighs is the income and assets of both parties, their reasonable needs, the standard of living enjoyed during the marriage, liabilities and existing obligations, the conduct of the parties, and whether either spouse has dependants. Maintenance is need-based and discretionary, not a slot-machine payout. Two families with identical salaries can see very different orders because their circumstances differ.
Myth 2: A working woman can never claim maintenance
Many husbands assume that the moment a wife earns her own salary, her right to maintenance evaporates. That is not how it works. The fact that a woman is employed reduces — but does not automatically extinguish — a maintenance claim.
The guiding principle is that maintenance should help a spouse maintain a standard of living broadly comparable to what she had during the marriage, not push her into a sharply lower one simply because she has a job. If a wife earns far less than the husband, or her income cannot sustain the lifestyle the couple shared, a court can still award maintenance to bridge that gap. Her income is one factor among many, not an automatic disqualifier.
Myth 3: Only wives can claim — husbands never can
Maintenance law is largely framed to protect the financially weaker spouse, and historically that has overwhelmingly been the wife. But the framework is not entirely one-sided. Under the Hindu Marriage Act 1955, the provisions for interim maintenance (during the case) and permanent alimony are worded so that either spouse can, in principle, apply — meaning a husband who is genuinely unable to support himself and whose wife has the means may seek maintenance.
In practice such orders are rare and the bar is high; courts do not look kindly on an able-bodied spouse seeking to live off the other. But the legal door is not bolted shut. The criminal-law route (discussed below) and laws like the Protection of Women from Domestic Violence Act 2005 remain available only to women.
Myth 4: There is only one kind of maintenance
People talk about “maintenance” as if it is a single thing. It is not. In India a spouse may have more than one parallel remedy, and the right choice depends on the facts. The main routes are:
- Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) — the provision that replaced the old Section 125 of the Criminal Procedure Code. This is a fast, secular, religion-neutral remedy allowing a wife (including, in defined situations, a divorced wife who has not remarried), children, and dependent parents to claim maintenance from a person with sufficient means who neglects them.
- The Protection of Women from Domestic Violence Act 2005 (PWDVA) — lets an aggrieved woman seek monetary relief and a residence order, often more quickly, where domestic violence is alleged.
- Personal law — for example, the Hindu Marriage Act 1955 (interim maintenance during proceedings and permanent alimony at the time of decree), and the maintenance provisions under the relevant statutes governing other communities.
These remedies can overlap, and courts adjust so a person is not paid twice for the same period. Understanding which forum fits your situation matters; this is something to map out early with an advocate handling family and divorce matters.
Myth 5: You get nothing until the divorce is final
Divorce litigation in India can stretch on for years, and many people wrongly believe they must survive that entire period with no support. That is what interim maintenance is designed to prevent. A court can order temporary maintenance and litigation expenses while the main case is still pending, so that a financially weaker spouse is not starved into submission or forced to abandon the case for lack of funds.
Interim maintenance is meant to be decided relatively promptly on the basis of disclosed incomes and needs, and is separate from the final figure. Both spouses are generally expected to file an honest affidavit of their assets, income, and liabilities — hiding income to dodge maintenance, or exaggerating need to inflate it, tends to backfire when the truth surfaces.
Myth 6: Maintenance is a punishment for the husband
Maintenance is not designed to penalise one spouse or reward the other. Its purpose is to prevent destitution and to maintain, as far as reasonably possible, a continuity in standard of living. A court looks at conduct, but the order is fundamentally about need and means, not retribution. Equally, maintenance is not permanent and unchangeable: if circumstances change materially — a job loss, a serious illness, a remarriage, a large change in income — either party can apply to have the amount modified.
Because every order turns on the specific financial picture of the couple, two cases that look similar on the surface can be decided very differently. That discretion is a feature, not a flaw — it lets the court tailor relief to real circumstances rather than apply a blunt formula. If you are weighing your options, a candid assessment of both spouses’ finances with an advocate experienced in divorce and maintenance disputes usually clears up more confusion than any rule of thumb ever will.
Frequently Asked Questions
Is there a fixed percentage of salary that must be paid as maintenance in India?
No. There is no statutory percentage. Courts decide the amount based on the needs, income, assets, liabilities, and standard of living of both parties, so the figure varies from case to case.
Can a working woman still claim maintenance?
Yes, she can. Her income is one factor that may reduce the amount, but it does not automatically cancel her right, especially where there is a significant gap between the two spouses’ earnings or lifestyles.
Can a husband ever claim maintenance from his wife?
Under provisions of the Hindu Marriage Act 1955, maintenance is worded so either spouse may apply, so a husband unable to support himself whose wife has means can in principle claim. In practice such orders are uncommon and difficult to obtain.
What is the difference between interim and permanent maintenance?
Interim maintenance is temporary support and litigation costs awarded while the case is pending, to be decided relatively quickly. Permanent maintenance or alimony is the final amount fixed at the conclusion of the proceedings.
Can a maintenance amount be changed later?
Yes. If there is a material change in circumstances — such as loss of job, serious illness, remarriage, or a significant change in income — either party can apply to the court to increase, reduce, or cancel the maintenance.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
