14 June 2025
Separation or divorce is more than an emotional transition—it’s a significant financial shift, especially for a spouse who has been economically dependent. Maintenance, often referred to as alimony, is a legal provision that ensures financial support to the dependent spouse after separation or divorce.
In India, the right to maintenance is protected under several laws, including Section 125 of the Criminal Procedure Code, the Hindu Marriage Act, and the Protection of Women from Domestic Violence Act. These provisions recognize that every individual deserves to maintain a standard of living similar to that enjoyed during the marriage.
Courts assess several factors when awarding maintenance—such as the income and financial capacity of both spouses, the duration of the marriage, age and health conditions, custody of children, and any liabilities or responsibilities borne by either party. Maintenance can be awarded as a monthly allowance or as a lump sum, depending on the circumstances.
Importantly, interim maintenance may also be granted during the pendency of legal proceedings to ensure immediate support to the dependent spouse.
Conclusion:
Maintenance is not a favor—it’s a right. Understanding and asserting this legal provision can offer financial security and peace of mind during an otherwise challenging time. Those facing separation should seek timely legal advice to protect their interests and rebuild their lives with dignity and confidence.
