Divorce and Maintenance: Legal Provisions, Rights, and Procedures

• Interim Maintenance:   Interim maintenance is the support that is paid to a dependent spouse while the divorce case is pending. This temporary support would keep the less fortunate spouse at a reasonable living standard until the court comes up with the final decision regarding the divorce. The significance of interim maintenance is found in addressing immediate financial needs, which may include but are not limited to living expenses, attorney fees, and even child support. It will provide something of economic stability and fairness at a very volatile period. If you are experiencing, or will be facing, any economic hardship during your divorce process, contact our experienced attorneys today to obtain the temporary maintenance you need.


• Permanent Maintenance:   Permanent maintenance is granted once the divorce decree gets finalized to ensure a sustainable form of income for the supported spouse, which can be life long. The Court generally looks at this type of maintenance when one spouse cannot support themselves after the divorce because they lack financial resources or for other reasons. Maintenance shall be permanent until the recipient spouse remarries or becomes self-supporting. Courts consider several factors, including the duration of the marriage, earning capacity, and lifestyle, to determine the appropriate amount.


• Alimony:   Alimony is a financial arrangement where one spouse provides ongoing financial support to the other after a divorce. This support can be either temporary or permanent, depending on the circumstances and the financial disparity between the spouses. Alimony is designed to prevent undue hardship for the dependent spouse and is determined based on factors such as income, lifestyle, and duration of the marriage. Whether you seek alimony or are required to provide it, our legal team specializes in negotiating fair and equitable alimony arrangements, protecting your rights and ensuring a smooth financial transition post-divorce.

The Indian legal framework governing divorce maintenance involves various personal laws, each applying to different religious communities.

Divorce maintenance act is one of the important legal provisions made for economic viability for a dependent spouse upon separation. Laws and their eligibility criteria, at present, differ based on personal laws applicable to the parties. The salient features of major laws and the eligibility criteria applicable to them are given below:

• Summary suit:   Summary suits are fast track civil adjudication governed by Order 37 of the Code Civil Procedure (CPC) .They pertain to claims arising either from a written contract or from a negotiable instrument where the defendant has limited defenses so that a quick decision is made without the necessity for a full trial.


• Hindu Marriage Act:  This law under Hindu laws makes provision for the wife to claim maintenance after divorce. The court decides the amount of maintenance considering both parties' financial status and how long they were married. Both husband and wife can seek maintenance under Hindu law but the monetary help is often ordered to be paid to the wife as mostly her financial needs are given importance by courts.


• Muslim Law: A Muslim woman can demand maintenance for a definite period after divorce under the Muslim Women (Protection of Rights on Divorce) Act, 1986, which generally includes the iddat period. For further financial support, she can approach the court. As per Muslim law, maintenance granted to a divorced wife may, if necessary, also be charged to the relatives or the Waqf board beyond the iddat period.


• Indian Divorce Act: This applies to Christians and Parsis, too. If the wife can prove that she is economically dependent upon her husband, she can claim maintenance from her husband. Even Christian and Parsi women may seek maintenance upon divorce under their respective personal laws, thus post-divorce economic security.


• Special Marriage Act:  Applicable to marriages between individuals of different religions or those married under civil law, this act provides for maintenance by considering the financial condition of both parties to ensure a fair and just outcome.

If you are seeking clarity on your right to claim divorce maintenance or wish to navigate the complexities of these laws, our legal experts at Litem Legalis can guide you through the process and help you secure the financial support you deserve.

Several factors influence the court's decision when determining the amount of Divorce Maintenance:

• Duration of Marriage:   While it has been established that longer marriage durations relate to higher levels of spousal maintenance, the correlation is relatively moderate. The duration of time the couple spent together is also considered by the Courts when making the financial support.


• Income Consideration:   In certain cases, the court evaluates the gross income and financial resources of both parties before determining the maintenance amount. This means that conventional financial needs are usually met by the paying spouse’s higher earnings means higher amounts of maintenance.


• Lifestyle and Needs Assessment:  Courts also consider the standard of living that the spouses adopted during marriage. The purpose is to make sure that the receiving spouse will be financially secure or at least have the same quality of life as before the divorce.


• Child Support Factors:   Regarding the children’s expenses, all needs associated with their care, including education, healthcare, and overall upbringing, are taken into account in calculating the total amount of maintenance. For these responsibilities, the parent who has the child most of the time may get some extra assistance.