Alimony vs. Maintenance — What's the Difference?
By Maham Liaqat & Urooj Arif — Updated on May 7, 2024
Alimony refers to financial support one spouse pays to another after divorce, while maintenance is a broader term encompassing both alimony and other financial support paid during separation.
Difference Between Alimony and Maintenance
Table of Contents
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Key Differences
Alimony specifically refers to payments made from one ex-spouse to another after a divorce is finalized. Maintenance, on the other hand, covers financial support given both during legal separation and after divorce.
Alimony is typically determined based on factors like the marriage duration, income disparity, and living standards. Maintenance considers similar factors but might also account for temporary needs during separation.
Alimony can be awarded as temporary, rehabilitative, or permanent, depending on the ex-spouse's needs. Maintenance, however, often refers to ongoing, adjustable payments that can continue even as circumstances change.
Alimony is usually decided in court during divorce proceedings. Maintenance is often established in temporary orders during separation and may be modified when the divorce becomes final.
Alimony payments cease upon remarriage of the receiving spouse or the death of either spouse. Maintenance arrangements can be structured to meet specific circumstances, such as child support, which may have separate guidelines.
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Comparison Chart
Timing
Post-divorce
During separation and after divorce
Scope
Payments between former spouses
Payments for living expenses, including child support
Flexibility
Can be permanent or temporary
Adjusted as circumstances change
Legal Determination
During divorce proceedings
Temporary orders during separation, final arrangements later
Termination
Ends upon remarriage or death
Can continue until children reach adulthood or other milestones
Compare with Definitions
Alimony
Spousal support post-divorce.
Alimony ensured that she could maintain her lifestyle after their divorce.
Maintenance
Financial support during separation.
Temporary maintenance helped her cover living expenses during the trial separation.
Alimony
Varies by state laws.
Alimony calculations differ depending on local jurisdiction.
Maintenance
Specific arrangements.
They arranged maintenance payments to align with the children's school tuition.
Alimony
Rehabilitative.
Rehabilitative alimony provided support until she completed her degree.
Maintenance
Adjusted based on need.
Maintenance payments changed after he lost his job.
Alimony
Permanent.
Permanent alimony was awarded due to her long-term unemployment.
Maintenance
Interim support.
Interim maintenance provided immediate relief during the initial separation period.
Alimony
Legal obligation.
He was ordered to pay alimony monthly by the divorce court.
Maintenance
Broad support definition.
Maintenance includes both alimony and child support payments.
Alimony
Alimony (also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia)) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country.
Maintenance
The process of preserving a condition or situation or the state of being preserved
Crucial conditions for the maintenance of democratic government
Alimony
(Law) An allowance for support made under court order to a divorced person by the former spouse, usually the chief provider during the marriage. Alimony may also be granted without a divorce, as between legally separated persons.
Maintenance
The provision of financial support for a person's living expenses, or the support so provided
A chance of going to university with fees and maintenance paid
Alimony
A means of livelihood; maintenance.
Maintenance
The offence of aiding a party in a legal action without lawful cause.
Alimony
(legal) A court-mandated allowance made to a former spouse by a divorced or legally separated person.
Maintenance
The act of maintaining or the state of being maintained
Nutrients essential to the maintenance of good health.
Alimony
The means to support life.
Maintenance
The work of keeping something in proper condition; upkeep
Car maintenance.
Alimony
Maintenance; means of living.
Maintenance
Provision of support or livelihood
Took over the maintenance of her family.
Alimony
An allowance made to a wife out of her husband's estate or income for her support, upon her divorce or legal separation from him, or during a suit for the same.
Maintenance
Means of support or livelihood
Was ordered to pay maintenance for both children.
Alimony
Court-ordered support paid by one spouse to another after they are separated
Maintenance
(Law) The wrongful aiding of another in the pursuit or defense of a lawsuit, especially in jurisdictions where nonparties are legally prohibited to provide financial assistance.
Maintenance
Actions performed to keep some machine or system functioning or in service.
Maintenance
(legal) A tort and (in some jurisdictions) an offence committed when a third party who does not have a bona fide interest in a lawsuit provides help or acquires an interest to a litigant's lawsuit.
Maintenance
Alimony, a periodical payment or a lump sum made or ordered to be made to a spouse after a divorce.
Maintenance
(legal) Child support.
Maintenance
Money required or spent to provide for the needs of a person or a family.
Maintenance
(biology) The natural process which keeps an organism alive.
Maintenance
The act of maintaining; sustenance; support; defense; vindication.
Whatsoever is granted to the church for God's honor and the maintenance of his service, is granted to God.
Maintenance
That which maintains or supports; means of sustenance; supply of necessaries and conveniences.
Those of better fortune not making learning their maintenance.
Maintenance
An officious or unlawful intermeddling in a cause depending between others, by assisting either party with money or means to carry it on. See Champerty.
Maintenance
Those actions required for the care of machinery, a building, etc., to keep it clean and in proper functioning condition, and to prevent or forestall damage due to normal use.
Maintenance
Payments, such as child support or alimony, to a dependent child not living with one or to a divorced wife.
Maintenance
Activity involved in maintaining something in good working order;
He wrote the manual on car care
Maintenance
Means of maintenance of a family or group
Maintenance
Court-ordered support paid by one spouse to another after they are separated
Maintenance
The act of sustaining life by food or providing a means of subsistence;
They were in want of sustenance
Fishing was their main sustainment
Common Curiosities
Can maintenance be modified over time?
Yes, maintenance arrangements can be adjusted as circumstances change, such as shifts in income or remarriage.
What is the difference between alimony and maintenance?
Alimony specifically refers to post-divorce spousal support, while maintenance covers financial support both during separation and after divorce.
Are alimony payments permanent?
Not necessarily. Alimony can be temporary, rehabilitative, or permanent, depending on the circumstances.
Does alimony end with remarriage?
In most cases, alimony payments cease if the receiving spouse remarries or if either spouse passes away.
Is maintenance taxable for the recipient?
Tax treatment varies by jurisdiction and may have changed with recent tax laws. It's best to consult local regulations.
Do all divorces include alimony or maintenance?
Not all divorces result in alimony or maintenance, as it depends on the financial situations and needs of both parties.
Can maintenance include child support?
Yes, maintenance often includes child support payments as part of a broader support agreement.
How are alimony and maintenance determined?
Both are based on factors like income disparity, living standards, marriage duration, and each spouse's needs.
How long do maintenance payments last?
Maintenance durations depend on the arrangement, ranging from temporary to several years or linked to specific milestones.
Is alimony calculated differently than maintenance?
While similar factors are considered, courts may apply different standards based on jurisdiction and case specifics.
Can maintenance be paid as a lump sum?
Yes, some arrangements might allow for lump sum maintenance rather than regular payments.
Do both spouses need legal representation for alimony or maintenance?
While not mandatory, legal representation ensures fair negotiation and adherence to jurisdictional standards.
Can maintenance payments be backdated?
Courts may order retroactive payments to the date of filing, especially if there was undue delay.
Is maintenance only for the lower-earning spouse?
Primarily, but courts consider each spouse's needs and obligations, including child support.
Can both spouses receive maintenance?
In rare cases where both have significant need and disparity, courts may consider mutual maintenance arrangements.
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Written by
Maham LiaqatCo-written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.