Divorce Law

Can a wife claim maintenance even after getting a divorce?

Asked by Anonymous · Answered 21 Jan 2026

The Question
We got divorced a year ago through mutual consent. I didn't ask for any ongoing maintenance at the time. Can I still claim it now, or was that my only chance?
Answer — MyLawIndia Legal Team

This depends significantly on what was agreed and recorded at the time of your mutual consent divorce. If your settlement specifically stated maintenance was a one-time, full and final settlement, or that neither party would claim maintenance from the other, it becomes considerably harder to reopen that question later.

However, if the divorce decree is silent on maintenance, or if there was no clear full and final settlement recorded, you may still be able to file a fresh maintenance application, particularly under the general maintenance provision, which is available to a divorced wife who hasn't remarried, as long as she can show she is unable to maintain herself.

Whether you can succeed will depend heavily on the exact wording of your divorce decree and any settlement document signed at the time. It would help to have an advocate review those documents specifically before deciding whether to pursue a fresh claim.

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