Difference Between Alimony and Maintenance in India

If you are going through a separation or divorce, the legal terms can feel cold. But your worry is very real: How will you manage rent, EMIs, children’s expenses, and daily life while the case drags on? Or, if a claim is filed against you, you may be thinking: Will you be forced to pay an amount you can’t afford? Will it ever end?

Here’s the direct answer to the difference between alimony and maintenance:
Maintenance is regular financial support meant to help a dependent spouse (and, in some laws, children/parents) meet day-to-day needs, often during separation or while the case is pending. Alimony is usually spoken of as longer-term support awarded around the time of divorce orjudicial separation in India, sometimes as a lump sum or periodic payments.

If you also want clarity on how courts typically approach alimony in real divorce cases, read: What is Alimony in the Indian divorce process?

What matters in practice is not only the word used, but the law you file under and the stage of your case. Indian law has clear provisions, procedures, and courts that handle these claims.

This guide will walk you step by step through:

• your rights (and responsibilities)
• key legal concepts in simple language
• practical actions you can take right now
• legal remedies and how courts decide the amount in Bengaluru and across India

Quick snapshot: maintenance vs alimony

If you want the one-minute version, this table shows how maintenance usually works during the case, while alimony is commonly discussed as the final support arrangement.

Point	Maintenance	Alimony
Purpose	Day-to-day support and fairness during/after separation	Longer-term support, usually tied to divorce/judicial separation
When it’s claimed	Often during proceedings (interim/pendente lite) and sometimes after	Commonly, at the time of decree or after, as a final support order
Who can claim	Depends on the law: spouse (sometimes both), children, parents	Usually spouse (scope depends on the marriage law)
How it’s paid	Typically monthly/periodic; sometimes lump sum	Lump sum or periodic; may be secured against property

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Difference between alimony and maintenance: what it really means

People use these words interchangeably, and even statutes sometimes bundle them together. So the practical way to understand the difference is:

• Maintenance usually points to ongoing support, especially interim maintenance while the case is pending.
• Alimony is commonly used to mean post-separation or post-divorce support, especially when people talk about a one-time settlement or a final amount at the end of the case.

In court, the label matters less than these two questions:

1. Which law are you approaching the court under?
2. Are you asking for interim support now, or final support at/after the divorce?

Where do these rights come from in Indian law?

The exact section you use depends on your religion/marriage law, the kind of relief you need (interim or final), and which court you approach. Here are the main legal routes in India, explained in plain terms.

Alimony and maintenance under Hindu law (HMA + HAMA)

If your marriage is under Hindu law, these are the key provisions:

• Hindu Marriage Act, 1955 (HMA)
  • Section 24: Interim maintenance during proceedings and litigation expenses. It is available to either spouse if they lack sufficient independent income.
  • Section 25: Final support (often called permanent alimony/maintenance). It can be ordered at the time of decree or later, and can be monthly/periodic or a lump sum.
• Hindu Adoptions and Maintenance Act, 1956 (HAMA)
  • Section 18: A Hindu wife’s right to be maintained by her husband during her lifetime (subject to conditions under the Act).

Maintenance under BNSS (the updated criminal procedure route)

Many people still say Section 125 CrPC maintenance. But from 1 July 2024, CrPC was replaced by Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The maintenance provision is now Section 144 BNSS (earlier Section 125 CrPC).

This route is meant to provide relatively quick relief where a person with sufficient means neglects or refuses to maintain:

• wife
• children
• parents

Special Marriage Act (civil/interfaith marriages)

If your marriage is registered under the Special Marriage Act, 1954:

• Section 36: Interim support during proceedings (commonly referred to as alimony pendente lite).
• Section 37: Final support (permanent alimony/maintenance) after decree.

Domestic Violence Act (additional monetary relief)

Under the Protection of Women from Domestic Violence Act, 2005, courts can grant monetary relief, which can include support for the woman and her children. It can be a monthly or a lump sum, depending on the case.

Types you’ll hear in Bengaluru family and maintenance cases

1) Interim maintenance (pendente lite)

This is support while your case is ongoing, so you are not financially punished for approaching the court.

2) Permanent alimony / final maintenance

This is usually decided at the time of divorce or judicial separation decree (or later by application), and may be:

• a one-time lump sum
• monthly/periodic payments
• secured against property (in some cases)

3) Child support

Even when spouses are fighting, children’s expenses do not pause. Courts look at schooling, medical needs, routine expenses, and the child’s lifestyle.

If children are involved, this is worth reading alongside: Complete guide to child custody in India during divorce.

4) Litigation expenses

Court cases cost money. Interim provisions commonly allow the court to order litigation expenses and monthly support during the case.

How courts decide the amount (and why there’s no fixed formula)

Most people want a clear number. The truth is, Indian courts do not use a single fixed percentage for everyone. They look at fairness and facts.

Common factors include:

• both parties’ income and earning capacity (not just salary slips; also business income, rentals, investments)
• reasonable monthly needs (food, rent, medical, transport, children’s education)
• standard of living during marriage
• liabilities and genuine financial responsibilities
• duration of marriage
• childcare responsibility and custody arrangements
• health conditions and age

Financial disclosure matters

Courts increasingly insist on proper financial disclosure so the case does not become a guessing game. In practice, this usually means you should keep documents ready, like:

• salary slips/offer letter / Form 16
• ITRs and computation sheets
• bank statements
• details of loans, EMIs, rent, and medical expenses
• child’s school fee receipts and expense proof
• GST returns/business ledgers (if self-employed)

Can you claim under multiple laws?

Sometimes yes, but you can’t usually double recover for the same period and same purpose. Courts typically adjust amounts to avoid unfair duplication, especially when there are parallel proceedings.

This is why strategy matters: the best forum depends on your facts, urgency, and what relief you need first.

Is alimony/maintenance taxable?

There is no single rule that applies to every situation. Tax treatment can depend on how the payment is structured (lump sum vs periodic) and how it is documented in a settlement or court order.

Before you finalise a settlement, it’s smart to take tax advice alongside legal advice so you don’t get surprised later.

Practical Steps: What To Do If You Are Facing an Alimony or Maintenance Claim

Use this like a checklist.

1. Get clarity on your case stage
   • Are you separated but not filed yet?
   • Is the petition already filed?
   • Do you need interim support immediately?
2. Choose the right legal route (don’t guess)
   • HMA/HAMA (Hindu law)
   • SMA (civil marriage)
   • DV Act (monetary relief + protection)
   • BNSS Section 144 (maintenance route after CrPC repeal)
3. Collect your financial documents early
   • If you delay, the other side will control the narrative.
   • Keep everything in a folder (digital + hard copy).
4. Track your monthly expenses honestly
   • Rent, groceries, medical, transport, children’s fees, insurance.
   • Courts respond better to clear, reasonable numbers than emotional claims alone.
5. Avoid cash-only arrangements
   • If you pay or receive support informally, keep proof (bank transfers, receipts).
   • This reduces future disputes and false allegations.
6. File for interim maintenance quickly if you need it
   • Interim relief exists for a reason. Don’t wait until you are financially exhausted.
7. Consider mediation when it’s safe and possible (learn how it works here: Mediation in divorce – process and benefits)
   • A sensible settlement can reduce years of litigation and emotional damage.
   • But don’t agree to unrealistic numbers just to finish it.
8. If you’re paying, comply with orders and keep proof
   • Non-compliance can lead to execution proceedings and serious consequences.
   • If your circumstances genuinely change, approach the court for modification.

Why Expert Legal Counsel from Kapil Dixit LLP Matters in These Cases

Maintenance and alimony disputes look simple from the outside. In reality, the outcome depends on how facts are presented, which forum you choose, and how early you act.

At Kapil Dixit LLP, we help you with practical, on-ground support:

• Reviewing your facts and documents and spotting gaps before the other side uses them
• Assessing risks and strengths (income disclosure, liabilities, child custody dynamics)
• Choosing the right legal strategy and forum for Bengaluru/Karnataka while aligning with central laws
• Drafting petitions, replies, affidavits, and settlement terms with clarity and future-proofing
• Representing you in Family Courts and other relevant courts and handling interim applications efficiently
• Negotiating settlements that are realistic, enforceable, and reduce repeat litigation

Early advice often prevents bigger problems later, including wrong filings, avoidable arrears, and emotionally draining back-and-forth.

FAQs

Conclusion: Act early, because delay makes it harder

If you’re in this situation, the stress is not just legal. It’s personal, financial, and exhausting. But the good news is: Indian law provides clear tools and processes to protect genuine needs and ensure fairness.

Don’t delay out of fear, stigma, or confusion. Early action helps you:

• secure interim support if you need it
• avoid unrealistic claims or sudden arrears
• protect your child’s stability
• move toward a workable settlement or a strong court order

For confidential help, contact Kapil Dixit LLP for a consultation in Bengaluru. You can also explore our dedicated service page here: Family and divorce lawyers in Bangalore. We also offer online/remote consultations for clients across Karnataka and India.

Disclaimer: This article is for general information only and does not constitute legal advice for your specific situation.