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Shortlands

Alimony

Definition: eriodical financial support paid by one former spouse to the other following divorce. It is intended to address the financial imbalance created by the ending of a marriage, particularly where one party gave up earning capacity during the relationship.

The equivalent concept is more commonly called spousal maintenance, or periodical payments. Support of this kind is not automatic and there is no entitlement to lifetime provision. The court is directed to consider whether a clean break is appropriate and to end maintenance as soon as the receiving party can adjust without undue hardship. Fixed-term orders are now far more common than orders lasting for the parties' joint lives.

Related Questions:

What is the difference between alimony and spousal maintenance? They describe the same thing: ongoing payments from one former spouse to the other. Spousal maintenance is the term used in family proceedings.

How long does it last? For whatever term the court considers just, which may be a fixed number of years, until a specified event such as a child finishing education, or in rarer cases for the parties’ joint lives. It ends automatically on the recipient’s remarriage.

Can it be varied? Yes. Either party may apply to vary the amount or duration if circumstances change, unless the order specifically bars any extension of the term.

Is it the same as child maintenance? No. Child maintenance supports the child and is usually calculated administratively. Spousal maintenance supports the former spouse and is assessed by the court.

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