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In India, the law and practice of maintenance has become something like that we have to award something to wife simply because she has applied for it under one of maintenance laws! This has become prevalent especially after introduction of the Domestic Violence Act (PWDVA), because that is a convenient way to include allegations of domestic violence, whereas the usual CrPC 125 was meant to help wives living separately from husband (but not without good reason), and was especially enacted to take care of abandoned wives and children.

Unlike India, where the law related to family/divorce are same throughout, in US the marriage and divorce laws vary by state. Many states in US have clearly defined laws related to maintenance. For example, in Texas, Mississippi and Tennessee, alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years.

In other US states like California, Nevada and New York, there are no strictly defined rules like 10 year marriage duration etc to decide on maintenance. In these states, the judges decide on the maintenance amount based on "factors" to consider. These factors have come about based on past judgments in maintenance cases (case law). The factors used to decide about maintenance amount are:

1. Length of marriage. In Texas, Mississippi and Tennessee, for example, alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years. In Maine, Mississippi, and Tennessee alimony is awarded in marriages or civil union of 10 to 20 years and the duration is half the length of the marriage barring extenuating circumstances.

2. Time separated while still married. Which means how do we treat the case of a couple who stayed together for 2 years, followed by separation for 2 years before one of them filed maintenance/divorce. Does it mean married life of 2 years, or 4 years? It varies from state to state in US.

3. Age of the parties at the time of the divorce. Generally the younger spouses are supposed to be able to do with lesser amount of spousal support.

4. Relative income of the parties. This is a factor recognized in India too.

5. Needs (not lifestyle or wants) of the parties. For example one spouse who may have health issues may be awarded somewhat higher maintenance.

6. Fault in marital breakdown. In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. In India there is no law as yet allowing for no-fault divorce, but the law recognizes this concept and therefore does not allow maintenance under CrPC 125 to wife who is living in adultery. It is very difficult to prove adultery, but the provision is very clear.

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