In the Indian legal system, alimony and maintenance are closely related but distinct concepts that serve the purpose of providing financial support to a spouse or dependent family member. While these terms are often used interchangeably, they have separate legal contexts and implications.

Alimony typically refers to the financial support paid after the dissolution of marriage—that is, post-divorce. It is granted under personal laws such as the Hindu Marriage Act, 1955; Special Marriage Act, 1954; Indian Divorce Act, 1869; and the Parsi Marriage and Divorce Act, 1936. Alimony can be in the form of a lump-sum payment (one-time settlement) or periodic payments (monthly or annual), and it is intended to help the financially weaker spouse maintain a similar standard of living after divorce.

Maintenance, on the other hand, is a broader term and includes financial support during and after the marriage, irrespective of whether the marriage is intact or dissolved. It is governed primarily by Section 125 of the Criminal Procedure Code (CrPC), which provides a secular remedy available to all women (including Muslim women post-divorce), children, and parents who are unable to maintain themselves. Maintenance can be claimed during the pendency of divorce proceedings (interim maintenance), after separation, or even if the divorce has not been finalized.

Key differences include:

• Legal basis: Alimony arises from personal matrimonial laws, while maintenance is a statutory right under CrPC and DV Act.
• Timing: Maintenance may be awarded during marriage or separation, while alimony is generally post-divorce.
• Eligibility: Both men and women can claim alimony under some laws (like the Special Marriage Act), but maintenance under Section 125 CrPC is mostly claimed by women and dependent family members.
• Type: Alimony may be a lump sum or recurring, while maintenance is typically monthly and meant for subsistence.
• Purpose: Maintenance ensures basic living expenses; alimony may aim to restore the standard of living enjoyed during marriage.

In cases involving both, courts often merge alimony and maintenance or order adjustments to avoid duplication. For example, if a wife is granted maintenance under CrPC and then receives alimony under Hindu Marriage Act, one may be reduced accordingly.

In summary, both alimony and maintenance serve to provide economic stability, but they operate under different legal frameworks and contexts. Proper legal guidance helps in assessing the correct forum and remedy for seeking financial relief.