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is maintenance paid considered in alimony


25-Jun-2026 (In Divorce Law)
I am paying x amount monthly as per 125 order and filing for divorce. Will the already paid amount be considered while deciding alimony?
Answers (3)

Answer #1
540 votes
Alimony Considerations: Payments made under a Section 125 CrPC order are interim maintenance intended for immediate sustenance during legal proceedings. Final Settlement: When determining final alimony (permanent maintenance) during the divorce decree, the court typically takes into account the total financial contributions made during the separation period. Court Discretion: The final amount will depend on the court's assessment of both parties' income, assets, and overall financial needs at the time of the divorce decree
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Advocate Dhruv. K

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Answer #2
505 votes
​Yes the monthly maintenance amount you are paying under the Section 125 order will definitely be taken into consideration by the court when determining the final permanent alimony during your divorce proceedings The judiciary seeks to prevent double enrichment and ensures that any interim or ongoing financial support is adjusted against the final lump sum or monthly alimony award to maintain equity between both parties
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Advocate Kishan Dutt Kalaskar

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Answer #3
765 votes
yes, the monthly amount you have already paid under a Section 125 order will be highly relevant, but its exact treatment depends on whether it is for past arrears or future permanent alimony for further assistance contact
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Advocate Dhanalakshmi U

Adv. Dhanalakshmi U

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