What You Need to Know About Alimony and Maintenance Laws in 2026

Alimony and maintenance remain among the most contested aspects of divorce proceedings in Bangalore family courts. With the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 coming into effect and evolving judicial interpretations, understanding the current legal landscape is essential.

Difference Between Alimony and Maintenance

• Maintenance: Ongoing monthly financial support ordered by the court during or after divorce proceedings under Section 125 CrPC (now BNSS) or personal law.
• Alimony: A lump-sum or periodic payment as part of the final divorce settlement to help the dependent spouse become financially self-sufficient.

Eligibility for Maintenance in 2026

• Inability to maintain oneself due to lack of income or assets
• Responsibility for child custody and care
• Health conditions or disability preventing employment
• Contribution to the spouse's career or business during marriage

Factors Courts Consider for Calculation

• Income of both spouses: Including salary, business income, rental income, and investments.
• Duration of marriage: Longer marriages typically result in higher maintenance awards.
• Standard of living during marriage: Courts aim to maintain a comparable lifestyle for the dependent spouse.
• Age and employability: A younger, qualified spouse may receive time-limited maintenance to support career rebuilding.
• Conduct of the parties: Adultery, cruelty, or desertion may influence the quantum awarded.

Recent Trends in Bangalore Family Courts

Bangalore family courts have seen increasing awards of interim maintenance during ongoing proceedings. Courts are also recognising non-monetary contributions such as homemaking and child-rearing. At S Jain & Attorneys, consulting an experienced family law attorney before or during divorce proceedings can significantly impact the outcome.