From alimony to prenups—four experts unpack the legal and financial realities of marriage in India

As of October 17, 2025, the Delhi High Court ruled that financially self-sufficient spouses cannot claim alimony under Section 25 of the Hindu Marriage Act—clarifying that the provision is not intended as a means of enrichment, or to equalise the financial standing of two able individuals. Take a good, hard look, and you’ll see this judgement does not exist in isolation. The pronouncement flips marital entitlement on its head, inviting a broader conversation on how money, marriage, and maintenance converge in modern India.

Love, law, liability 

India treats marriage as sacramental, so prenuptial agreements aren’t legally binding here. But despite their unenforceability, they can still carry weight in courtrooms deliberating disputes over marriage and money.

“Women becoming financially empowered has brought the money conversation from the back- burner to the forefront,” explains Vandana Shah, a renowned divorce lawyer, author, and columnist based in Mumbai. “As the law once stood, women couldn’t even claim from their fathers. This has changed. So, finances should never be a reason for you to stay back in a marriage,” she adds, while acknowledging that prenup conversations often die a premature death due to entrenched societal norms. “You’re in India. You’re likely too shy to broach the topic of a prenuptial agreement. Why? Because society frowns upon it.”

A compelling study from Ally Bank reveals that nearly half of American Gen Zs consider signing a prenup before putting a ring on it. Closer home, a similar sentiment echoes, with 83 per cent of Cosmo India readers indicating they would sign a prenuptial agreement if it were legally enforceable.* Such stats exemplify just how much finances have changed the way Gen Z perceives marriage.

However, the appetite for a prenup isn’t evenly split. “Men tend to ask for prenups far more often than women. Even when a woman is wealthier, she may hesitate to bring it up...wary of judgement and labels,” Shah informs, alluding to the enduring ‘gold digger’ trope. Another oft-overlooked concern is the role and vulnerability Indian parents—who you’re sharing a roof with—play in such decision-making. Both nuclear and joint family set- ups pose a pertinent question: How will the distribution of family assets take place in the event of a divorce?

 

Romance meets risk management 

Priya**, 28, who wed her 30-year- old “financially responsible” husband, was upfront about her limited financial literacy early on. “I am not financially responsible in any way or form—and I’ve been transparent about it from the get-go,” she says, adding: “He is the sole breadwinner for his family. So we thought it best to lay out all our expenses before tying the knot.”

Upon hearing this, her mother was taken aback—a reaction that underscores the generational gap in how partners today discuss and manage finances. “I was very sure that I wanted a house of my own, and I didn’t want to be made to feel I was being selfish,” Priya tells me.

But Shah cautions that property ownership can quickly become contentious if a marriage unravels. “Instead of purchasing a property in one partner’s name and residing there, couples should consider living on rent—at least in the initial years—so one can’t claim ownership easily,” she advises. She also makes a solid case for pooling money in a trust, which typically cannot be included as part of a marital settlement.

Hope for the best, plan for the rest 

For Priya, opening an honest line of communication with her partner precedes all else—as it does for a whopping 94 per cent of Cosmo India readers.* “Growing up, I saw how my parents’ different spending habits fueled conflict. So, my partner and I have devised a way to divide our expenses—from groceries to getaways,” she explains...but is also quick to admit that the financial scale will oscillate once they begin expanding their family.

“Everything is super new, and we don’t have any major responsibilities like a child yet. We’re both earning and spending out of our pockets, and I don’t want to be judged for it. So, we choose to lay it all on the table,” Priya says, adding: “Love is cool and all, but everything fades when a major financial crisis hits.”

Yet even for her, the desire for financial transparency has its limits. “I’m too emotional,” she notes, when I ask if she’d ever consider taking a legal route. “I’d be offended if my partner brought it up, too. A lot of people mistake legal preparedness for a lack of trust...or love.”

Priya isn’t alone. Twenty-five per cent of Cosmo India readers report they’d be “a tad bit uncomfortable, and perhaps offended” if their partner asked for a prenup*—and it’s a hesitation marriage therapists often encounter in their practice. “In India, marriages are seen as a sacred, lifelong union of families, and bringing up a contractual agreement might make it seem like the relationship is set up for failure,” shares Dr Meghna Singhal, a clinical psychologist and couples therapist.

“But money talk before marriage is not at all unromantic...it’s emotionally mature. Finances are tied to our values and security, and setting the right expectations can foster trust and respect between partners,” she adds. Singhal suggests starting small and approaching financial planning as a team. “Sidestepping such conversations can breed resentment. If couples talk about the ‘hard things’ without fear, it sets a solid foundation for intimacy.”

Smart money moves 

There is, however, an important caveat. Goa is the only Indian state where prenuptial agreements are valid and legally binding, as envisaged under the Portuguese Civil Code. So yes, you could hop on a flight to Goa to sign a prenup—but whether it survives the journey back home is another matter altogether. Ashna Tolkar (@themoneylancer), a financial content creator, advises establishing a clear boundary between “your money” and “our money”.

“Jot down every asset you own and get it signed and notarised—it can serve as proof in court. For larger assets, consider legally transferring ownership to a trusted family member before marriage. Alternatively, place your dough in a trust or clearly list beneficiaries so the money can bypass certain divorce and inheritance claims,” she recommends.

Tolkar also suggests scheduling a “quarterly wealth retreat”—a financial date night, if we may—where couples discuss setting up a ‘freedom fund’ for financial autonomy, a ‘partnership fund’ for shared expenses, and an ‘emergency exit fund’ for life’s uncertainties.

“If your portfolio extends beyond ‘one flat, two FDs (fixed deposits),’ a private family trust becomes less a luxury and more a necessity. Create the trust, register it, and let your assets breathe in peace. At the very least, do the basics: Separate accounts, a structured will (renewed post-marriage), and no emotional co-ownership of property,” she adds.

Look past the legal jargon, and the reality is stark: Marriage in India is moralised, public, and unforgiving. Somewhere, there’s an aunt keeping score. “Prenups are a concept filled with shame. We are a country that lives off the idea of ‘happily ever after’, where your life’s accomplishments can be written off if your marriage fails,” Shah concludes. But while financial what-ifs are seen as cynicism rather than care, it might be the very thing that allows love to survive—and thrive.

*Cosmopolitan India Instagram Survey; respondents: 64.7% women, 35.3% men, with 77.4% b/w ages

Images: Shutterstock.

**Name has been changed for anonymity.

This article first appeared in Cosmopolitan India's January-February 2026 print edition.

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