• Alimony to wife on divorce

What is the standard alimony or payment to wife on divorce for a 10 year marriage without children in India if the wife is not working ?Will money I inherit from my parents also be considered for the alimony payment?
Asked 2 months ago in Family Law
Religion: Hindu

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10 Answers

Money inherited from your parents is not considered 


2) if wife is not working she is entitled to alimony 


3) it is at discretion of court friends upon your net income ,standard of living 

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0


  1. There is no specific rule regarding alimony on divorce regarding the quantum of alimony and it depends on many factors from case to case. 
  2. The years of marriage is one of the factors.  Besides this the financial capacity and living standard of the husband, the employment status of both the parties will be taken into consideration while determining the alimony.
  3. The purpose of alimony is to help the  divorced woman start life all over on a firm financial footing and therefore, whatever that the husband can afford will be taken into consideration. Though what what you may inherit in future is not a major consideration, it will be one of the factors. 
  4. It is advisable to arrive at a consensus regarding the amount through negotiations.

S J Mathew
Advocate, Mumbai
3491 Answers
175 Consultations

5.0 on 5.0

the court may award an amount of alimony to the wife depending on her financial situation and the length of the marriage. However, inheritance income received by the husband is not considered while calculating alimony payments.

Mohammed Mujeeb
Advocate, Hyderabad
19291 Answers
32 Consultations

4.7 on 5.0

1. In case there's a contested divorce, then standard alimony would be 25 to 30% of your monthly earnings for your wife on divorce for a 10 year marital life without children and is not working.

2. In case of Mutual Consent Divorce, the amount of alimony can be decided mutually and amicably.

3.  The money you inherit from your parents would not be considered for the alimony payment. Only the ascertainable monthly income would be considered.

Shashidhar S. Sastry
Advocate, Bangalore
4704 Answers
277 Consultations

5.0 on 5.0

There's no yardstick to measure the quantum of maintenance.

Generally the court will decide to grant her at least 25% of your take home income as maintenance to her.

She doesn't have any rights in your property or your parents property as well.

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

Maintenance means appropriate food, clothing and lodging that are necessary for one's sustenance. But in an extended meaning, it includes also the expenditures that are incurred towards health and education. In case of children mere maintenance of the body is not sufficient.


The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.

There are various factors that come for the consideration of the court while determining alimony. Section 24 of the Hindu Marriage Act empowers the Court to award maintenance pendente lite and litigation expenses to a party who has no independent income sufficient for his/her support in proceedings pending under the Hindu Marriage Act, 1955, having regard to the income of the parties. The Proviso to Section 24 provides that application under Section 24 shall be disposed of within 60 days of the date of service of notice on the opposite party.

The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony.

Maintenance is not merely a legal right. It is part and parcel of basic human right. For weaker sections, it is a problem in the sense that their very survival rest on the maintenance. The object behind the provision is two-fold: firstly, to prevent vagrancy resulting from stained relation between the husband and wife, and secondly, to ensure that the indigent litigating spouse is not handicapped in defending or prosecuting the case due to want of money.

In fixing the maintenance, the status of the parties and the income of the opposite party need to be considered.” The discretion enjoined on the Magistrate should be exercised in such a manner that it does not permit the applicant to lead a luxury life and at the same time not to drive her to a starving life. it must be modestly consistent with the needs and requirements of the wife and the status her family is accustomed to.



Maintenances amount calculation: The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.


The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband. The amount of permanent alimony awarded to her must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependant on the factual situation of the case.

While calculating the maintenance.

  1. Total monthly Income of both Husband as well as Wife.
  2. Income and other property of the wife herself.
  3. Number of children’s
  4. Number of years of marriage.
  5. In case of the Income of wife is 50 % of Husband's salary then she do not get maintenance.
  6. In case if she has to take care of her child also then in such case maintenance amount would be more.
  7. If the wife is well qualified and well settled then percentage of maintenance would be less but yes now a day maximum cases goes in favour of wife only.
  8. Or else if you do not want to share your salary and property then you convince your wife for a permanent alimony in which whatever she will demand you have to pay her in one attempt then she will not be able to claim for any other thing in future. But all this you do it as per the court procedure to avoid in future problem.
  9. As regard to distribution of you salary between three wives, I would like to inform you that yes you have to pay all three wives maintenance but again I will repeat the point no. to 4 again.
  10. One important point while divorce neither Wife nor the Husband can claim property of someone else.
  11. A wife can claim the property which is earned by her Husband.
  12. Usually, all mandatory deductions (such as Income Tax, load repayments, etc.) from the income / salary of the husband would be considered to arrive at his net income / salary.
  13. The status and the mode of life which the wife was used to when she lived with her husband, is also taken into account.

Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S.A. Morey gave a landmark judgment in favour of husband to curb the misuse of the provision of maintenance, and held that a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. The Court relied on Mamta Jaiswal v. Rajesh Jaiswal, where it was held that “well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.

Ajay N S
Advocate, Ernakulam
4052 Answers
107 Consultations

5.0 on 5.0

Dear client,  

In India, the amount of alimony or maintenance to be paid to a wife on divorce is determined based on various factors, such as the income and financial resources of both parties, their respective needs, and the standard of living enjoyed during the marriage. There is no fixed or standard amount of alimony that is applicable to all cases.

However, as a general guideline, the Supreme Court of India has held that the amount of alimony should not exceed one-third of the husband's income. Additionally, the amount of alimony may be determined based on the length of the marriage, the earning capacity of the wife, and other relevant factors.

Regarding inheritance, the Supreme Court has held that inheritance received by a spouse cannot be included in the calculation of alimony, as it is considered to be the separate property of the individual who inherited it. However, if the inheritance is used to generate income or acquire assets that are jointly owned by both spouses, it may be considered as part of the overall financial resources of the couple.

It is important to note that alimony or maintenance payments in India are determined on a case-by-case basis and depend on the specific facts and circumstances of each case. It is advisable to consult with a lawyer who specializes in family law in India to obtain specific guidance on your situation.




Anik Miu
Advocate, Bangalore
6694 Answers
74 Consultations

4.9 on 5.0

- As per law, the amount of maintenance or alimony that is to be paid by the husband to his wife is based on the  status and position, income, assets, and lifestyle of the husband.

- However , it is generally 1/4th of the income & assets of husband. 

- Further, the wife cannot claim a share in the property of her husband during his life time , except alimony. 

Mohammed Shahzad
Advocate, Delhi
11181 Answers
149 Consultations

5.0 on 5.0

There is no such standard figure it depends on your income, her income, the expenses and her lifestyle during siubsistence of marriage 

Prashant Nayak
Advocate, Mumbai
29605 Answers
121 Consultations

4.1 on 5.0

Dear Querist

At the time of decree of divorce or subsequent to that proceedings the court may pass an order for alimony after considering the facts and circumstances of the case and status of the parties of the matter.

The money inherit from your parents shall also be considered for quantify the alimony as you are the absolute owner of the inherit property or money. 


Feel free to call 

Nadeem Qureshi
Advocate, New Delhi
6251 Answers
302 Consultations

4.9 on 5.0

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