The number of divorces around the globe is growing by the day. Alimony and maintenance are two phrases that are often used in divorce proceedings. They go under several names in various circumstances.
In today’s environment, we can see a rise in the number of divorce cases. There are several difficulties between husband and wife that lead to divorce. They will seek alimony and maintenance if they divorce. Alimony and maintenance are the same legal terminology but are referred to differently in various contexts.
In divorce law, alimony or maintenance is described as the financial arrangement between the divorcing parties. This will only be offered to people who have lawfully married and are seeking a divorce.
According to the legal agreement, both spouses will agree to offer financial assistance to each other regularly.
Maintenance vs alimony is paid when one spouse does not have enough money to live on, when the partner is unable to support himself and is obliged to live alone at home, or when the partner has little opportunity of finding work. These instances may have some exceptions.
Before granting alimony or maintenance, the court considers variables such as age, the length of the marriage, the partner’s finances, and the partner’s job situation. The death of either spouse terminates the alimony or maintenance payment. In addition, when the partner’s income decreases, the maintenance or alimony payment is terminated.
Alimony and maintenance rules will differ according to culture and location. Alimony or maintenance allowances are classified into three types: lump sum, temporary, and permanent alimony or maintenance.
Alimony or maintenance is primarily intended to instruct and educate the recipient. Finally, permanent alimony or maintenance is that which is paid for an infinite amount of time.
The partner will only get a one-time amount for lump sum maintenance or alimony. The allowance in temporary alimony or maintenance is restricted to a certain time period until the spouse can sustain herself financially.
Mode of alimony and maintenance payment
After the divorce is finalized, alimony may be given to the spouse in cash or any other kind of payment mechanism, as well as in the form of property.
Maintenance, unlike alimony, is only paid in cash or any other kind of payment mechanism, and the husband cannot provide maintenance to the wife in the form of property.
Maintenance and alimony arrangements
Alimony is a one-time payment made when the divorce is finalized. Alimony is often favored in mutual consent divorces, in which the husband and wife choose to split amicably and agree on the terms of their divorce and other legal formalities such as alimony vs maintenance, child custody, and asset allocation.
Maintenance may be either temporary or permanent. Interim maintenance is when the court gives maintenance to the wife even while the maintenance petition is pending if the court believes the wife would be unable to support herself throughout the court procedures. When the woman is unable to pay the legal fees associated with a divorce petition and need support from the husband, she must submit a second petition for interim maintenance. Permanent maintenance is to be provided by the husband once the divorce processes are completed throughout the spouse’s lifetime or until the woman remarries.
