Alimony vs. Maintenance: What’s the Difference?

Marriage is a foundational institution in society, and while it is often seen as a lifelong commitment, the reality of marital breakdowns has led to an increasing number of divorces in India. With these separations comes the need to address the financial support of the dependent spouse. Two key legal concepts in Indian matrimonial law—alimony and maintenance—are central to this issue. Although these terms are often used interchangeably, they have distinct legal meanings, provisions, and implications.

Definitions of Alimony and Maintenance

Alimony, also referred to as spousal support, is the financial support provided by one spouse to the other after divorce. It is typically a one-time lump sum payment made to the financially disadvantaged spouse to help them maintain a similar standard of living as they had during the marriage. Alimony aims to provide economic stability to the spouse who may not have the means to sustain themselves post-divorce, especially if they were financially dependent on their partner during the marriage.

Maintenance, on the other hand, refers to ongoing financial support provided during or after the marriage. It encompasses both interim maintenance (during the pendency of matrimonial proceedings) and permanent maintenance (awarded after separation or divorce). Maintenance may also extend to the children born out of the marriage. Unlike alimony, maintenance is generally awarded as a monthly payment rather than a one-time sum and is subject to periodic adjustments depending on the changing financial conditions of both parties.

Laws Governing Alimony and Maintenance

Under Hindu Law

For individuals governed by Hindu law, the following statutes are relevant:

Hindu Marriage Act, 1955:

Section 24 provides for maintenance pendente lite and covers the period when the divorce case is still in court. Either spouse, if financially incapable, can request maintenance.

Section 25 of Hindu Marriage Act, 1955 deals with permanent alimony and maintenance. After the divorce decree, either spouse can seek permanent alimony, which can be paid in one lump sum or as monthly instalments, depending on the court’s discretion.

Hindu Adoption and Maintenance Act, 1956:

Section 18 provides for the maintenance of a Hindu wife during her lifetime. A Hindu wife can claim maintenance during the subsistence of the marriage under certain conditions, such as cruelty, desertion, or if the husband has another wife or concubine.

Section 20 extends maintenance to children, ensuring their financial needs are met even if the parents are separated.

Under Muslim Law

For individuals governed by Muslim personal law:

The Muslim Women (Protection of Rights on Divorce) Act, 1986 is the primary statute governing maintenance and alimony for Muslim women.

• Section 3 of this Act provides for the payment of maintenance to a Muslim wife after divorce, covering the iddat period (waiting period post-divorce).
• Muslim personal law also provides for the payment of Mehr, a sum promised to the wife at the time of marriage, which is considered part of her financial security.

Under Christian Law

For individuals governed by Christian law:

The Indian Divorce Act, 1869 governs alimony and maintenance for Christian couples.

• Sections 36, 37, and 38 provide for both interim alimony and permanent alimony. Christian wives are entitled to interim maintenance during the divorce proceedings, and permanent alimony is decided based on factors like the husband’s income and the wife’s financial needs.

Under Secular Law

For individuals married under secular law:

• Special Marriage Act, 1954: Sections 36 and 37 allow either spouse to seek maintenance pendente lite and permanent alimony following a divorce, similar to the provisions under the Hindu Marriage Act.
• Code of Criminal Procedure (CrPC), Section 125: Section 125 (now Section 144 under the Bharatiya Nagarik Suraksha Sanhita, 2023) provides for the maintenance of wives, children, and parents. This section is notable for being applicable to all religions and is aimed at preventing destitution. It ensures that a person with sufficient means cannot neglect their dependents, providing speedy relief for financially dependent wives, even if the divorce has not yet been finalised.
• Protection of Women from Domestic Violence Act, 2005: Section 20 of this Act provides for monetary relief for wives, which includes maintenance, and can be in addition to any other relief granted under Section 125 of CrPC.

Key Differences Between Alimony and Maintenance

Although alimony and maintenance share similar purposes—providing financial support to a dependent spouse—their differences lie in the timing, payment structure, and legal implications. The key differences are outlined below:

Notable Case Laws on Alimony and Maintenance

1. Sureshta Devi vs. Om Prakash (1992)

This case clarified the issue of mutual consent divorce under Section 13B of the Hindu Marriage Act. The Supreme Court held that mutual consent is essential and must continue until the divorce decree is passed. A party can withdraw consent any time before the final decree is granted, making mutual consent the sine qua non for granting divorce.

2. Kalyan Dey Chowdhury vs. Rita Dey Chowdhury (2017)

In this landmark case, the Supreme Court held that 25% of the husband’s net salary is a reasonable amount to award as maintenance to the wife. This case emphasised that the financial status of both spouses must be considered while determining maintenance, ensuring fairness in the award.

3. Shah Bano Case (1985)

The case of Mohd. Ahmed Khan vs. Shah Bano Begum is one of the most well-known judgments concerning maintenance under Section 125 of the CrPC. The Supreme Court ruled in favor of Shah Bano, ordering her ex-husband to provide maintenance, and held that CrPC Section 125 applies to all women, irrespective of religion. This case paved the way for broader rights for Muslim women to claim maintenance post-divorce.

4. Manish Jain vs. Akanksha Jain (2017)

Manish Jain vs Akansha Jain case dealt with maintenance pendente lite under Section 24 of the Hindu Marriage Act. The Supreme Court ruled that the income of the wife’s parents cannot be considered when determining her claim for maintenance. The court must focus on the financial capabilities of the husband and wife, and whether the wife has independent means to support herself.

What are the Criteria for Determining Alimony and Maintenance?

When deciding the amount of alimony or maintenance, courts take into consideration various factors, which include:

• Income and Financial Status: The income, assets, and liabilities of both spouses are carefully assessed. Courts ensure that the spouse paying the alimony or maintenance has the financial capacity to do so without falling into financial hardship themselves.
• Standard of Living: The standard of living enjoyed during the marriage is a critical factor. The courts aim to ensure that the dependent spouse maintains a similar lifestyle post-divorce.
• Duration of the Marriage: Longer marriages may result in higher alimony or maintenance due to the greater financial dependency that typically develops over time.
• Age and Health: The age and health of the spouse seeking alimony or maintenance are also considered. Older or infirm spouses may receive higher financial support due to their limited ability to support themselves.
• Children’s Needs: Maintenance for children is prioritised, with the courts ensuring that adequate funds are provided for their education, upbringing, and general well-being.
• Conduct of the Parties: While misconduct (such as adultery) is not always a disqualifier for receiving alimony or maintenance, it may influence the quantum of financial support awarded.

Conclusion

While alimony and maintenance serve similar purposes of financial support for the dependent spouse, they are distinct in their application, timing, and payment structure. Alimony is typically a one-time payment awarded post-divorce, while maintenance refers to periodic financial support provided either during the marriage or post-separation. The statutory frameworks governing these provisions vary based on personal laws, but the overall aim remains the same: to provide for the economic security of a spouse or children who might otherwise be left vulnerable after the dissolution of a marriage.