How Much Maintenance Can a Wife Claim After Divorce in India?

Divorce not only ends a marriage but also creates financial concerns, especially for the dependent spouse. In India, the law ensures that a wife who is unable to support herself can claim maintenance (alimony) from her husband after separation or divorce. The question most people ask is: How much maintenance can a wife claim after divorce?

This guide explains the laws, factors, and general calculation methods courts use in India.

What is Maintenance After Divorce?

Maintenance (also called alimony) is financial support that one spouse is legally bound to provide to the other. It ensures that the wife can maintain a reasonable standard of living similar to what she had during marriage.

You can also read our detailed guide on How is Alimony Calculated in India?

Legal Provisions for Maintenance in India

1. Hindu Marriage Act, 1955 (Section 24 & 25) – Provides maintenance to wife during and after divorce.
2. Special Marriage Act, 1954 (Section 36 & 37) – Similar provisions for interfaith or civil marriages. You can read more in our article on the Special Marriage Act.
3. Criminal Procedure Code (CrPC Section 125) – Quick relief for wives, children, and parents.
4. Muslim Personal Law – Maintenance for the Iddat period and sometimes beyond (as per court rulings).
5. Christian & Parsi Marriage Acts – Also include provisions for post-divorce maintenance.

Types of Maintenance

1. Interim Maintenance – Temporary support during the divorce case.
2. Permanent Maintenance – Granted after the divorce is finalized, either monthly or as a one-time settlement.

If you are confused about divorce types, check our blog on Mutual Divorce vs. Contested Divorce.

Factors Courts Consider for Maintenance Amount

There is no fixed formula. Courts calculate maintenance based on:

• Income and property of the husband
• Wife’s income (if any) and financial needs
• Standard of living during marriage
• Duration of marriage
• Age and health of both spouses
• Custody and responsibility of children (Read more on Child Custody Laws in India After Divorce)
• Liabilities and dependents of the husband
• Conduct of both spouses (in some cases)

How Much Maintenance Can a Wife Claim?

Although courts have discretion, a general guideline is:

• 20% to 35% of the husband’s net monthly income may be granted as monthly maintenance.
• In lump sum settlements, courts may award 1/3rd to 1/5th of the husband’s net worth.

Example: If the husband’s monthly salary is ₹80,000, maintenance may range between ₹16,000 to ₹28,000 per month, depending on circumstances.

Can a Working Wife Claim Maintenance?

• If the wife earns substantially less than her husband, she may still be granted maintenance to maintain a similar standard of living.
• If she is financially independent and capable of supporting herself, courts may deny or reduce maintenance.

Duration of Maintenance

• Maintenance continues until the wife remarries, becomes financially stable, or as per the court’s order.
• In case of lump sum settlement, it is a one-time payment with no further claims.

Conclusion

The amount of maintenance a wife can claim after divorce in India depends on several factors like income, lifestyle, and responsibilities. Courts aim to balance fairness – ensuring the wife is supported without imposing an excessive burden on the husband.

If you are planning separation, you may also want to read our guide on How to File for Divorce in India and How to File a Domestic Violence Case in India.