Maintenance provides financial support to a spouse or children who cannot otherwise support themselves — available during a case, after divorce, or independent of it.
Maintenance is financial support paid by one spouse to another (and often to children) who cannot adequately support themselves. It can be claimed under several provisions depending on the situation — including under personal law statutes, the Special Marriage Act, and general provisions such as Section 125 of the Code of Criminal Procedure (maintenance for wives, children and parents), which applies regardless of the couple's religion. Terminology and specific procedure can vary, so we confirm the right basis for your claim.
Both parties' income, assets and ability to earn are examined.
The lifestyle the parties maintained during the marriage is a relevant reference point.
Children's and, where relevant, the claimant spouse's reasonable needs.
Maintenance amounts are decided case by case and can change over time; we do not quote fixed figures without reviewing your specific financial facts.
In some circumstances, yes — maintenance provisions are not exclusively one-directional, and a husband who genuinely cannot support himself may have a claim depending on the applicable law and facts. We assess this honestly rather than assuming only one party can claim.
Yes, maintenance can often be claimed independently of a divorce petition, including under provisions like Section 125 CrPC.
Courts weigh both parties' income and assets, the standard of living during the marriage, and the needs of any dependants. There is no fixed formula — each case is assessed on its facts.
Yes, where there is a genuine, material change in either party's financial circumstances, a modification can be sought.
Share your financial situation and we'll assess your position realistically.