Divorce Lawyer in Airoli, Navi Mumbai

There is no fixed minimum length of marriage to claim alimony in India. However, courts typically assess the duration of the marriage when deciding the amount and necessity of alimony. For short-term marriages (under 1 year), alimony may still be granted based on factors like financial dependency, domestic abuse, or childbirth.

For longer marriages (5+ years), courts often consider alimony more justified, especially if one partner has sacrificed a career or education.

While often used interchangeably, there is a legal distinction:

• Maintenance is periodic financial support (monthly or interim) granted during and after divorce proceedings.

• Alimony is a lump-sum or one-time settlement granted at the time of divorce (or afterward).

Both can be claimed by either spouse, although most commonly granted to the wife or financially dependent partner.

Alimony is governed by various laws depending on religion and marital status. Under Section 25 of the Hindu Marriage Act, either spouse can claim permanent alimony based on:

• Duration of marriage

• Income & financial status

• Conduct of both parties

• Custody of children

There’s no fixed percentage, but courts typically award 20%–33% of the paying spouse’s income, either as lump-sum or monthly support.

Muslim, Christian, and Parsi spouses are covered under their respective personal laws, but can also file under Section 125 CrPC for maintenance.

Not automatically. If the wife is self-sufficient, courts may deny or reduce alimony. However, if she’s financially dependent or has custody of children, the husband may be directed to pay maintenance or compensation, even if she initiated the divorce.

Each case is assessed on:

• Earning capacity

• Child responsibilities

• Past domestic violence or cruelty

• Whether remarriage is expected

Yes. Even after 1 year of marriage, if a woman files for divorce and can prove financial hardship, she may be granted interim maintenance or permanent alimony. The court will also look at the husband’s income, her own earning capacity, and whether any children are involved.

There is no legal requirement for a long-term marriage to claim alimony in India — what matters is the financial dependency and circumstances post-separation.