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Nov 204 min read

How Does Remarriage Or Cohabitation Affect Alimony Obligations?

The Issue Of Alimony Comes Into Play In Divorce Cases. Divorce Is The Separation Of Two People In Which They Break Their Marital Ties And Relieve Each Other From Marital Obligations. Divorce Is A Challenging Phase In One’s Life. It Is A Complex Procedure As It Involves Many Legal Issues Be It Alimony, Child Custody, Property Division, Etc.

What Is Alimony?


The Alimony Is The Part Of The Divorce Procedure. It Is Granted As Financial Support To The Other Spouse. The Aim Of The Alimony Is To Maintain The Same Standard Of Living As Was Before Divorce. It Saves The Other Non-Earning Spouse From Any Financial Hardships. Conventionally, Husbands Are Required To Pay Alimony To Their Wives In Case Of Divorce As Mostly The Wives Are The Non – Earning Members Of The Family.


Alimony And Maintenance Are Treated Differently Under Personal Laws. Husbands Can Be Held Liable For Alimony Payments To Wives Under All Personal Laws. Alimony Is Not An Absolute Right; The Court Determines It Based On A Variety Of Criteria And Circumstances In Each Divorce Case. However, Spousal Maintenance Is Not Confined To Ex-Wives Alone. In Several Places, Gender-Neutral Divorce Laws Have Been Implemented, And Some Women May Be Obliged To Pay Alimony To Their Ex-Husbands, At Least Temporarily.


Laws Related To Alimony In India


  • Under The Hindu Marriage Act, Section 25 Talks About Alimony. This Is A Gender-Neutral Clause In Which Either Spouse Can Claim Alimony. It Talks About Permanent Alimony. The Court While Determining The Amount Of Maintenance Considers Various Factors Like The Behavior Of Parties, Their Incomes And Expenses, Duration Of Marriage, Etc. The Party Can Even Apply For Interim Maintenance During The Continuation Of Proceedings. Section 24 Of The Above Act Talks About Interim Maintenance.

  • The Hindu Adoption And Maintenance Act Also Has A Provision For Permanent Alimony. This Is Not Gender-Neutral; Rather, Section 18 Of The Above Act Gives The Right To The Wife To Claim Alimony From Her Husband In Certain Circumstances, Like If The Husband Has A Second Wife; He Has Converted To Another Religion, Cruelty, If The Husband Abandons The Wife Without Any Valid Reason, Etc.

  • Under The Muslim Women (Protection Of Rights On Divorce) Act Of 1986, A Divorced Muslim Woman Is Entitled To Maintenance Under Section 3 Of The Act. Under Section 4 Of The Act, Monthly Maintenance Is Provided To Muslim Divorced Women Throughout The Iddat Period. The Aim Of These Provisions Is To Provide Financial Support To The Muslim Wife.

  • The Christian Can Claim Alimony Under The Indian Divorce Act. Section 37 Of The Act Talks About Permanent Alimony. This Is Also A Gender–Neutral Provision In Which Both Husband And Wife Can Claim Maintenance.

  • The Special Marriage Act Also Has A Provision For Alimony. In This, The Wife Can Apply For Maintenance From Her Husband. This Act Also Talks About Permanent And Interim Maintenance.


Factors Considered In Determining The Amount Of Alimony


The Court, While Granting Alimony, Considered Various Factors. Let Us Discuss These Factors In Detail:

  • If Both Spouses Work, The Court Will Consider Their Earning Potential And Income While Determining The Amount And Length Of Alimony. It Will Help In Determining Whether They Will Be Able To Maintain The Same Standard Of Living After Divorce As Well.

  • There Is A Potential That Older Or Unwell Spouses Will Require Additional Financial Support Due To Medical Expenses. Each Spouse's Age And Health May Be Considered While Deciding The Amount And Length Of Alimony.

  • The Costs Of The Child Will Also Be Taken Into Account. The Demands Of Any Dependent Children, Including Education And Healthcare Costs, May Also Be Considered When Determining Alimony.

  • To Establish Whether Maintenance Is Warranted, The Court Will Assess Each Spouse's Financial Resources And Assets, Such As Savings And Investments.

  • The Term Of Marriage Will Also Be Taken Into Account. The Length Of The Marriage Increases The Likelihood Of Alimony Being Awarded For A Longer Period Of Time.


How Does Remarriage Or Cohabitation Affect Alimony Obligations

Remarriage Means To Do Marriage After Having Married Once. It Occurs After A Prior Marital Relationship Has Ended. Now The Question Arises Whether The Remarriage Affects The Alimony From The First Marriage.


Remarriage Affects The Alimony Obligations. If The Woman Remarries Or Enters Into A Romantic Connection With Someone Else, She Will Not Be Able To Collect Alimony From Her Ex-Husband. The Remarriage Removes The Ex-Husband's Obligation To Support His Ex-Wife. In Such A Case, The Husband Can Appeal To The Court On The Basis Of A Change In Circumstances, And The Court Will Release Him From Paying Maintenance To His Ex-Wife.


If The Wife Commits Fraud, Conceals The Fact Of Remarriage From The Ex-Husband, And Is Still Taking Alimony From Him Then The Ex-Husband Can Apply To Court. The Court Will Grant Him The Money Back, Which He Paid After The Remarriage.


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