Alimony V/s Maintenance
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Adv Nishant Rai, Delhi
We can find there is an increase in a number of divorce cases in today’s the world. There are many issues between husband and wife that lead to separation. When they once divorced, they will go for alimony and maintenance. Alimony and maintenance are the same legal terms and are used in different names at different places.
In terms of divorce law, Alimony or maintenance is defined as the financial agreement between the people who are getting divorced. This will be only available to those who are legally got married and asking for the divorce. According to the legal arrangement, both partners will be agreed to provide the financial support to each other and it will be provided regularly.
Maintenance or alimony is given in cases where the partner does not have the sufficient wealth needed to live or if the partner is not able to support himself and forced to be alone at home or if there is only a little chance of employment for the partner. There may be some exceptions for these cases.
Before the court allows alimony or maintenance, the courts consider some factors such as such as age, the time period of marriage life, resources of the partner and also the employment status of the partner. The Alimony or maintenance allowance is terminated by the death of either of any partners. Also, the maintenance or alimony allowance gets dismissed when the partner’s income is decreased.
The alimony and maintenance laws will vary according to the culture and land. There are mainly three types of Alimony or maintenance allowance such as lump sum, temporary and permanent alimony or maintenance.
For the Lump sum maintenance or alimony, there will be only a one-time allowance is provided to the partner. In Temporary alimony or maintenance, the allowance is limited to a certain time period until the partner gets her financial support independently.
The alimony or maintenance mainly aims to train the skills and education. Finally, the permanent alimony or maintenance is that in which allowance will be provided for an indefinite time period.