In India, there is no fixed “price tag” for a divorce. The amount of alimony is determined by the court’s discretion to ensure the dependent spouse can maintain a lifestyle similar to what they had during the marriage.
As of 2026, here is the legal benchmark and the factors that influence the final number:
1. The 25% Benchmark
While not a strict law, the Supreme Court of India has established a guiding principle:
- Monthly Alimony: A “just and proper” amount is generally 25% of the husband’s net monthly salary.
- Example: If the husband’s net (in-hand) monthly income is ₹1,00,000, the wife may be awarded approximately ₹25,000 per month.
2. Lump-Sum Alimony (One-time Settlement)
If the couple prefers a one-time final settlement instead of monthly payments:
- Range: There is no fixed percentage, but courts often look at 1/5th to 1/3rd (20% to 33%) of the husband’s total net worth (assets, property, and savings).
- Finality: A lump-sum payment is usually preferred in mutual consent divorces to end all future financial ties.
3. Key Factors That Increase or Decrease the Amount
The court will adjust the 25% figure based on these specific details:
- Duration of Marriage: A 20-year marriage usually results in higher alimony than a 2-year marriage.
- Wife’s Income: If the wife is working and earning well, the alimony may be significantly reduced or even denied. However, if there is a massive gap (e.g., he earns ₹5 Lakhs and she earns ₹50,000), she may still get “top-up” alimony to maintain her lifestyle.+1
- Child Custody: If the wife has custody of the children, the amount will be higher as it must cover the children’s education, healthcare, and lifestyle.
- Health and Age: If the wife is elderly or has chronic health issues, the court often awards a higher amount for medical expenses.
Comparison of Alimony Types
| Type | Typical Amount | Benefit |
|---|---|---|
| Interim Maintenance | ~25% of monthly income | Paid during the court case for daily expenses. |
| Permanent Alimony | ~25% monthly or 20-33% lump sum | Paid after the divorce is finalized. |
| Child Maintenance | Variable (based on needs) | Strictly for the children; stays active until they are 18 (or older). |
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Important Note on 2026 Legal Trends
In recent 2026 rulings, Indian courts have become more rigorous about the Affidavit of Assets and Liabilities. Both spouses must now provide a full, honest list of every bank account, property, and investment. If a husband hides income to avoid paying alimony, the court can use “imputed income” (estimating his wealth based on his lifestyle) to set a higher amount.
When does it stop? Monthly alimony usually ends if the wife remarries or if her financial condition improves significantly (e.g., she gets a high-paying job).
Are you asking because you’re looking into a mutual settlement, or is this for a contested case?