What is alimony?
Permanent alimony is usually settled as part of mutual consent divorce, or decided by the court in a contested divorce. A one-time settlement can close future claims if properly drafted.
Courts consider income, property, conduct, needs and circumstances of both parties. The Supreme Court has discussed relevant factors in several judgments, but each case turns on its facts.
Who may need this service
- Spouses negotiating a mutual divorce
- Spouses in a contested divorce
Legal framework
Section 25 of the Hindu Marriage Act, 1955; section 37 of the Special Marriage Act, 1954.
Documents generally required
- Income and asset details of both
- Expense records
- Details of children's needs
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Assess finances. Build a clear financial picture.
- Negotiate or claim. Settle or apply to the court.
- Order. Alimony fixed by decree or recorded in settlement.
- Enforce. If unpaid, enforce the order.
Common problems we see
- Undisclosed assets
- Unclear settlement wording
How an advocate can help
- Financial disclosure and negotiation
- Drafting settlement terms
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Legal guides
Frequently Asked Questions
Is alimony tax-free?
Can alimony be changed later?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.