"We want different things." It’s one of the most common, and painfully vague, reasons couples cite while separating. But behind that amicable phrase can lie months, sometimes years, of legal wrangling, money math, and heartache. Because while love may fade quietly, divorce rarely does.From calculating fair alimony to deciding who the children will stay with, modern Indian couples are navigating new terrains of separation, where both partners often work, gender roles are less rigid, and emotional labour runs high.Rise In Separations And Legal TanglesPost-pandemic India has seen a noticeable shift in how families function., according to Aditi Mohoni, a family lawyer. "Post-COVID, there’s been a huge shift in how families operate," she says. "Couples spent long hours in confined spaces. A lot of new marriages where couples are barely married for a few months are now deciding to split."Explained: What Is Hindu Undivided Family And Should You Register One?This isn’t just anecdotal. The Mumbai Family Court saw a 27% increase in divorce filings in 2023 compared to pre-pandemic numbers. And we’re not just talking about toxic relationships. Many younger couples are choosing mutual, often swift, exits. "Younger couples want to move on at the earliest," says Mohoni. "So, you see a lot of out-of-court settlements."But that isn’t always possible. Alimony debates and custody battles continue to remain complex, draining, and often deeply personal.Wait, What Is Alimony Exactly?Contrary to pop culture myths, alimony in India isn’t some massive, monthly 'bonus.' It’s financial support given to the spouse (often the wife) who may not be in a position to sustain the lifestyle they had during the marriage."Courts are very clear. Alimony is not a dole to be handed out," says Mohoni. "The spouse has to substantiate their claim with evidence- bills, bank statements, even photos of vacations or standard of living."Pension Reform For Women: Divorced And Separated Daughters Can Now Claim Father’s PensionWhat complicates things is the lack of a standard formula. In 2017, the Delhi High Court suggested 25% of the husband’s net income as a guideline, but it’s not law. Each case is evaluated based on factors such as the duration of marriage, income disparity, presence of children, and even health.And since the 2020 landmark judgement in Rajnesh vs Neha, both partners are required to file detailed affidavits disclosing assets, income, expenses, even phones and watches. "Earlier, we had to file multiple applications to access this data. That step has been eliminated now," Mohoni says. "This reduced manipulation, because earlier, spouses would hide income or drag out cases by withholding documents."When It Gets MurkyTake the fictional case of Priya and Arjun. Priya, a freelance designer, left full-time work after the birth of their twins. Arjun, a banker, wants a mutual divorce but refuses to pay monthly maintenance, offering a one-time lump sum instead.Priya, unsure of future freelance income, wants a recurring payment. But the couple can’t agree. "If you can’t arrive at a monetary sum, litigation happens," says Mohoni. And litigation in India is a slow churn. "We have only about seven courts to deal with all of Mumbai and nearby areas. The burden is astronomical."Or take the fictional case of Neha and Karan, a couple married for 7 years. Neha left her job in HR when their daughter was born. Post-divorce, she claims Rs 60,000/month in maintenance. Karan, a tech consultant, earns Rs 1.8 lakh a month but argues that Neha’s family is wealthy, and she could return to work.Under the Rajnesh vs Neha guidelines, both file affidavits. Neha submits evidence of her daughter’s school fees, past medical expenses, and her own job applications. Karan submits EMIs, rent receipts, and a loan for his ailing parent.The court, would weigh all this, and then grant Neha a certain amount per month in combined child and spousal support.Money Rules Followed By Your Parents That No Longer Work In 2025Custody: It’s Not About 'Winning'Custody battles tend to be the most emotionally bruising. While many assume mothers automatically get custody, Mohoni cautions against that generalisation."Courts only look at one thing- the child’s welfare," she says. "For very young children, the mother may be preferred, but if the father proves the mother is unfit or unable to care for the child, custody may go to him."In fact, in 2025, a survey by India Child Rights Watch showed that in 12% of urban divorces, fathers received full or joint custody, up from just 4% in 2015. The numbers, while still skewed, reflect shifting realities of co-parenting and women in the workforce.But Mohoni strongly advises avoiding court if possible. "Once custody becomes a court battle, it gets ugly. Allegations fly, kids get tutored, and emotional strain builds up. It’s best for both parties to decide privately, if they can."Is Prenup The Answer?What about prenuptial agreements, those famous Western tools to avoid messy splits?"In India, prenups are not legally enforceable," clarifies Mohoni. "At best, they’re a moral contract. They do help in foreign jurisdictions, though, if one party is an NRI."Instead of relying on contracts, she recommends financial transparency and shared responsibility throughout marriage. "Maintain joint accounts, transfer monthly sums, and ensure even homemakers have access to savings. That’s a much better long-term plan."In a society where marriage is still sacrosanct and where single life, especially for women, is judged harshly, separation comes at a high emotional cost. While some couples part amicably, many are caught in a whirlwind of hearings, affidavits, and sleepless nights.And in all this, children become the silent stakeholders.As Mahoni sums it up, "The best separations happen when there’s maturity, fairness, and a willingness to let go without destroying each other. If that happens outside court, even better."FD Rates To Fall After Repo Rate Cut: SBI To HDFC Bank, Check Latest Fixed Deposit RatesWatch The Full Interview:. Read more on Personal Finance by NDTV Profit.