31 July 2025
Divorce may end a marital relationship, but it does not end the responsibility to ensure financial fairness — especially when one party is left in a weaker economic position. Maintenance (also known as alimony or spousal support) is a legal right that helps uphold dignity, stability, and survival after separation.
💼 What is Divorce Maintenance?
Divorce maintenance is a financial support granted by one spouse to another following the dissolution of marriage, particularly if the receiving spouse lacks adequate means for self-support.
👨⚖️ Who Can Claim Maintenance?
✔️ A wife or husband (depending on financial circumstances)
✔️ Children dependent on either spouse
✔️ Even a working spouse, if income is insufficient for basic needs
📜 Key Legal Provisions in India:
✔️ Section 125 CrPC – For maintenance irrespective of religion
✔️ Hindu Marriage Act, Section 24 & 25 – Interim and permanent maintenance
✔️ Special Marriage Act & Muslim Personal Law – Customized provisions based on marriage type
⚖️ Factors Considered by Court:
🔹 Income and earning capacity of both parties
🔹 Age, health, and lifestyle
🔹 Length of the marriage
🔹 Responsibilities like child care
✅ Why Maintenance Matters:
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Ensures financial independence post-divorce
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Protects dependent spouses from hardship
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Encourages fair separation agreements
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Upholds the principle of equity in marital breakdown
