Divorce and Money in India

Divorce is emotionally hard and can have major financial consequences, especially for women who earned less or left work.

Maintenance

Indian law provides for maintenance, regular payments to support a spouse who can’t maintain herself:

• Under criminal procedure law (earlier Section 125 CrPC, now in the Bharatiya Nagarik Suraksha Sanhita), a wife, children and parents can claim maintenance.
• Personal laws, such as the Hindu Marriage Act, also provide for maintenance and alimony.

Courts consider incomes, standard of living, needs and assets. In 2024, the Supreme Court held that Muslim women can also claim maintenance under the general criminal law provision.

Alimony

Alimony can be a lump sum or periodic payments. Courts decide amounts based on circumstances.

Property division

India doesn’t have a general rule of equal division of marital property. Each spouse usually keeps property in their own name, which can disadvantage women whose assets are in their husband’s name.

This is why property in joint names or the woman’s name matters.

Children

Child custody and support are decided separately, based on the child’s welfare.

Practical steps

• Gather financial documents: bank statements, property papers, salary details.
• Protect your stridhan.
• Get legal advice early.
• Build your own income and savings where possible.