By IndiaHub 
Maintenance and permanent alimony are two different forms of financial support that one spouse might need to provide to the other after a divorce or legal separation.
Permanent alimony is a one-time payment given to the spouse after the marriage ends, with the intention of providing long-term financial support. In contrast, maintenance, is the ongoing financial assistance that one spouse offers to the other, usually on a regular basis, which can be awarded during legal proceedings or after the divorce is finalised.
Now that you understand the difference between alimony and maintenance, it’s crucial to know how the court, particularly the Supreme Court, determines the amount for permanent alimony.
What did the Supreme Court say about alimony?
In its judgement (2024 INSC 961) dated December 10, 2024, the Supreme Court said:
“This Court (Supreme Court) in the case of Rajnesh v. Neha (Supra), provided a comprehensive criterion and a list of factors to be looked into while deciding the question of permanent alimony. The same has been reiterated by this Court in Kiran Jyot Maini v. Anish Pramod Patel. The primary objective of granting permanent alimony is to ensure that the dependent spouse is not left without any support and means after the dissolution of the marriage. The Court in these two judgments laid down the following factors to be looked into:
i. Status of the parties, social and financial.
ii. Reasonable needs of the wife and the dependent children.
iii. Parties’ individual qualifications and employment statuses.
iv. Independent income or assets owned by the applicant.
v. Standard of life enjoyed by the wife in the matrimonial home.
vi. Any employment sacrifices made for the family responsibilities.
vii. Reasonable litigation costs for a non-working wife.
viii. Financial capacity of the husband, his income, maintenance obligations, and liabilities.
ET Wealth Online reached out to divorce lawyers to find out what additional factors courts consider when determining alimony amounts. This article not only outlines the factors recommended by the Supreme Court, but also shares insights from divorce lawyers regarding their experiences with alimony calculation.
What are some other factors that courts look at while determining alimony amounts?
Here’s what various divorce lawyers told ET Wealth Online:
Pallavi Pratap, Managing Partner, Pratap & Co., says the length of marriage is always noticed by the Court. Conduct of parties is another relevant factor. The following are the additional factors that weighed in with the court:
- 1. Length of separation: The Court emphasized the parties were separated for over 20 years indicating long-term estrangement as a marker for quantum of alimony.
- Conduct during litigation: The husband’s attempts to suppress assets and delay proceedings were viewed negatively, affecting both the credibility and quantum awarded.
- Possibility of remarriage or future dependency: While not explicitly stated, the wife’s continued financial dependency despite the passage of time was weighed.
- Cost of living and inflation: The Court accounted for inflation and rising costs, particularly in metropolitan cities like Delhi.
- Ability to earn in future: The respondent (wife) was unemployed and had no prospects, while the appellant (husband) was a highly paid CEO. The Court contrasted these.
- Contribution to child’s upbringing: Though the son had become major, the wife’s role in raising him was recognized in awarding additional compensation.
- One-time settlement feasibility: The Court considered the practicality and fairness of a lump sum over continued monthly payments to avoid prolonged litigation.
- Failure of reconciliation attempts: The history of failed reconciliation reflected the total breakdown of the marriage, influencing the equitable division.
- Educational needs of the child: The son’s completion of B.Tech and potential for higher education was relevant in assessing his future dependency.
- Standard of living post-divorce: The Court sought to maintain a lifestyle “not below” the marital standard for the dependent spouse, even post-dissolution.
Yatharth Rohila, Advocate & Partner, Aeddhaas Legal LLP, says he has fought alimony and divorce cases both from husband’s and wife’s side. His observations are as follows:
A) Conduct of the parties (particularly cruelty, desertion, or infidelity)
- Example from practice (wife’s side): In one of my cases where the wife was subjected to emotional abuse and forced to leave the matrimonial home, the court took a favourable view of her conduct and awarded enhanced permanent alimony, even though her educational qualifications could have suggested employability.
- Case citation: U. Sree v. U. Srinivas (2013) 2 SCC 114 – The SC emphasized that mental cruelty can be a factor in deciding maintenance/alimony.
B) Duration of the marriage
- Courts tend to grant higher alimony in cases of long-term marriages, especially where the wife had been financially dependent throughout.
- Example from practice (husband’s side): In a case involving a 2-year marriage, the court granted only lump sum token alimony, since both parties were young and professionally qualified.
- Case citation: Manish Jain v. Akanksha Jain (2017) 15 SCC 801 – Marriage of short duration and wife’s financial independence justified lesser alimony.
C) Wife’s efforts to secure employment post-separation
- Example from practice (wife’s side): A client who had made substantial efforts to re-skill after separation was awarded interim and later permanent maintenance, factoring in her lack of income during re-skilling period.
- The court appreciated that despite her degree, job market realities and age were against her.
- Case citation: Shailja & Anr. v. Khobbanna (2017) 9 SCC 62 – Supreme Court observed that mere capacity to earn is not sufficient, actual earning and possibility must be seen.
D) Responsibility for children (even if not in custody)
- Some courts have considered childcare responsibilities (especially of a differently-abled or young child), even if joint custody or visitation rights exist, to award higher alimony.
- Example from practice: A working wife caring for a special-needs child got additional permanent alimony to cover care-giving support.
E) Previous settlement or dowry received
- If a wife has already received substantial stridhan/dowry or a settlement under Section 498A or Section 125 CrPC, courts may adjust alimony accordingly.
- Case citation: Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017) 14 SCC 200 – Alimony reduced due to earlier maintenance under Section 125 CrPC.
Alay Razvi, Managing Partner, Accord Juris, pointed out other factors that he had personally encountered in real litigation involving both husbands and wives:
A) Duration of Marriage
a. Longer marriages usually tilt the balance towards a higher or longer-lasting alimony.
b. For example, in a case where the couple was separated for over 15 years but had not divorced, the Court took into account the emotional and economic toll of prolonged estrangement.
B) Delay in seeking maintenance or alimony
a. Courts consider whether the spouse seeking alimony made timely claims or slept over their rights.
b. In one case, a wife who waited nearly 8 years to seek maintenance had her permanent alimony reduced for “unexplained delay”.
C) Conduct of the Parties
a. This can influence the quantum, not just the grant.
Example: In one case where the husband concealed assets and defied interim orders, the Court enhanced the final alimony and awarded litigation costs as punitive relief. In another case, the wife concealed her working status and the amount she earned. The husband filed an application for perjury. Though we have facts and evidence to support our application, ultimately, it will fall onto the bench to consider it.
D) Existing investments and lifestyle choices post-separation
- Courts also consider post-separation lifestyle—e.g., if the wife has bought property or runs a business.
- In one case, the wife had invested in mutual funds and travelled abroad frequently, which helped reduce the husband’s alimony burden significantly. It all ended in a settlement.
F) Mutual consent & waiver arrangements
- Often, clients agree to a reduced alimony in exchange for faster closure or custody arrangements. Courts tend to honour such mutually negotiated settlements, especially under Article 142 in the Supreme Court.
Soayib Qureshi, Partner, PSL Advocates & Solicitors, says: While the seven factors suggested by the Supreme Court are often treated as the backbone for deciding permanent alimony, in practice courts do not stop there. Over the years, additional considerations have surfaced in judgments and in day-to-day litigation, such as:
Duration of the marriage: A marriage that lasted only a year or two is often treated very differently from one where the couple lived together for decades. In one case, the court noted that the marriage had broken down within eighteen months and, despite the husband’s substantial income, awarded only a modest lumpsum alimony. Manish Jain v. Akanksha Jain, (2017) 15 SCC 801 is a leading precedent in which the Supreme Court observed that the duration of the marriage is a relevant factor while determining permanent alimony.
Age and health of the spouses: Courts take into account the age, medical condition, and earning capacity of both parties. A spouse who is elderly or suffering from chronic health issues may require enhanced support, a principle underscored in Vinny Parmvir Parmar v. Parmvir Parmar, (2011) 13 SCC 112.
Future earning capacity and prospects: Even if unemployed at the time of proceedings, a spouse with strong qualifications and realistic prospects of employment may receive a lower amount, as the law encourages self-reliance wherever feasible. This was reaffirmed in Kalyan Dey Chowdhury v. Rita Dey Chowdhury, (2017) 14 SCC 200.
Income revealed through RTI and responsibilities towards a specialneeds child: In a recent decision, the Jharkhand High Court in the matter of, F.A. No.141 of 2023, enhanced the wife’s monthly alimony to Rs 90,000 after a Right to Information (RTI) disclosure revealed that the husband’s actual income was about Rs. 2.3 lakh per month.
The Court also placed significant weight on the fact that the couple’s child is in the autism spectrum, requiring constant care and attention. Recognising that the mother’s role as a full-time caregiver left her unable to take up regular employment, the Court treated these special-needs responsibilities as a crucial factor in determining fair support.
Re‑marriage: In a recent ruling, the Allahabad High Court in the matter of Smt.Kiran Gupta And Another v. Shree Ramji Gupta F.A No. 34 of 2009, emphasised that alimony cannot be fixed by looking only at a person’s salary or pay package. Courts must also consider significant life changes after separation, such as re-marriage.
When a husband has re-married and taken on new responsibilities, like supporting a second wife, children from that marriage, or other dependents, these obligations can legitimately be taken into account.
Shashank Agarwal, Founder, Legum Solis, says:
- The courts have repeatedly held that issues like these must be dealt with taking into consideration facts and circumstances of each case. While the courts have been giving such formulae, they have been cautious enough to not put these into straitjacket manner. The ultimate objective with which the maintenance must be ruled is the well-being of the wife and the children post separation/divorce. Maintenance must never be punitive.
- In that approach, the husband’s own commitments, which need not necessarily be towards his immediate family like the father, the mother, but could also be towards his business, employees, etc. (in cases of start-ups) and must also be kept in mind.
- As rightly held by the Supreme Court, the court’s approach should be to balance all relevant factors to avoid maintenance amounts that are either excessively high or unduly low, ensuring that the dependent spouse can live with reasonable comfort post-separation.