Why Men Pay the Price After Divorce: Supreme Court Lists 8 Alimony Factors

"Divorce isn’t just an emotional battle. It is also a financial reckoning."

For most men, the end of a marriage feels like crossing a finish line. But as anyone who has been through it knows, the real challenge begins after the divorce, and the cost is often far greater than expected. Alimony, in particular, has long been a point of contention.

In a significant ruling (2024 INSC 961), the Supreme Court of India made it clear that alimony is not arbitrary. It is a legal obligation calculated using defined principles. Drawing from its earlier judgments in Rajnesh v. Neha and Kiran Jyot Maini v. Anish Pramod Patel, the Court laid out eight key factors that must be considered when fixing permanent alimony.

But here is where it gets interesting. These factors go far beyond just your salary. They cut deep into your lifestyle, your financial history, even your personal sacrifices. For many men, that can mean paying a heavier price than they ever imagined.

The Court first examines the overall social and financial status of both husband and wife. A CEO’s alimony liability will not be judged the same as that of a middle-class salaried employee. The law expects that the dependent spouse should not experience a sharp drop in living standards simply because the marriage ended.

This is not just about survival. Courts factor in what is “reasonable” for the dependent spouse, including ongoing costs for children. Education, healthcare, and day-to-day expenses of dependents are all built into the calculation.

A highly educated spouse with real job prospects may receive lower alimony than one who has no qualifications or realistic opportunities. The Court distinguishes between the capacity to work and actual employability, a nuance that often makes a big difference in the final figure.

If the wife has assets, investments, or an independent income, these are considered when fixing alimony. But here is the catch. Courts often view a homemaker’s unpaid labor as an indirect contribution to the husband’s career, which can still justify substantial support.

This is where many men feel the pinch. The Court seeks to maintain, as far as possible, the standard of living the wife enjoyed during the marriage even after separation. If the couple lived a high-end lifestyle, the alimony is often set to reflect that.

If the wife gave up career opportunities to raise children or manage the household, courts treat this as a significant factor. In other words, her “lost potential” becomes part of the husband’s ongoing financial responsibility.

Divorce is not cheap, and the Supreme Court recognizes that. Courts may include reasonable legal expenses in the alimony, particularly if the wife is unemployed or financially dependent.

Finally, and most importantly, the Court evaluates the husband’s actual income, assets, debts, and obligations. This includes existing maintenance payments, responsibilities towards other dependents such as aged parents or children from a second marriage, and liabilities.

Leading divorce lawyers point out that courts do not stop at these eight factors. Additional considerations often weigh in, such as:

• Duration of marriage, since short-term marriages typically lead to lower alimony.
• Conduct of parties, including cruelty, hiding assets, or delaying proceedings.
• Cost of living and inflation, especially in metros like Delhi or Mumbai.
• Care responsibilities for special-needs children.
• Possibility of remarriage, for either spouse, which may influence support needs.

The Supreme Court’s underlying principle is simple. Divorce should not leave a dependent spouse financially stranded. But for men, especially those in high-earning roles, this often translates to heavy financial obligations long after the marriage ends.

Yet, the Court also emphasizes balance. Alimony must not be punitive, and the husband’s own financial commitments and future prospects are equally relevant.

Alimony, as the Supreme Court has consistently emphasized, is not meant to be a punishment. It is a legal tool designed to prevent one spouse, often the financially dependent wife, from being left without support after the breakdown of a marriage. The eight factors laid out by the Court attempt to create a structured approach, weighing status, needs, sacrifices, and financial realities on both sides.


Yet, for many men, this often feels like carrying the financial shadow of a relationship long after it has ended. Divorce lawyers agree that while these guidelines aim for fairness, they also leave space for interpretation, and it is within this space that emotions, perceptions of injustice, and the sense of “paying the price” often take root.

Perhaps that is the real challenge of alimony — no calculation can fully account for the emotional and financial complexities of two lives once shared. Courts may set amounts based on principles, but for those who pay or receive it, the question remains deeply personal.

Can any legal framework truly balance dignity for one spouse with fairness for the other, or will one side always walk away feeling that the cost of divorce was far too high?