Alimony (also called maintenance, spousal support, or financial provision) is a legal obligation on one spouse to provide financial support to the other during or after separation or divorce. Its purpose is to recognise the economic consequences of marriage and limit the unfair impact of divorce on the dependent spouse.
Multiple regimes apply based on personal law: Hindu Marriage Act 1955 Section 24 (maintenance pendente lite), Section 25 (permanent alimony); Special Marriage Act 1954 Sections 36–37; Muslim Personal Law — mehr and maintenance during iddat; Section 125 CrPC (now BNSS) provides maintenance regardless of religion. Supreme Court guidelines on quantum (Rajnesh v Neha [2020]) standardised the approach.
Matrimonial Causes Act 1973. Financial provision orders including maintenance (periodic payments), lump sum orders, and property adjustment. 'Clean break' principle preferred. Spousal maintenance is not automatic. White v White [2001] HL established equality as a starting point for division of assets.
Varies by state. Types: temporary, rehabilitative, reimbursement, permanent. The Uniform Marriage and Divorce Act provides model provisions. Tax treatment: TCJA 2017 eliminated the deductibility of alimony for divorces post-December 2018.
Yes. Section 24 HMA allows maintenance pendente lite for either spouse with insufficient means. Section 25 allows permanent alimony for either spouse. The Supreme Court in Rajnesh v Neha held that the economic dependency doctrine does not require absolute inability to maintain oneself.
Courts consider: (1) financial status of both parties, (2) standard of living during marriage, (3) ability of the paying spouse, (4) needs of the claiming spouse, (5) conduct of the parties, (6) duration of marriage, and (7) children's needs. The Rajnesh v Neha [2020] guidelines provide a standardised affidavit-based approach.
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