Author: Divyanshu Krishna, B.A.LL.B. Ist year, B.B.D. University, Lucknow
INTRODUCTION
Alimony, literally means nourishment. But in legal sense, it would mean an allowance for the support of a wife judicially separated from the husband, settled by the court after consideration of all circumstances of the case. It is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. Basically it is the court order for payments awarded to a spouse after separation or divorce agreement.The obligation arises from the divorce law or family law of each country. Alimony amount is usually decided upon the income of the person providing alimony. The purpose is to ensure that a divorce does not cause a drastic decline in quality of living for a lower earning spouse. Alimony is also sometimes called as spousal support or maintenance. If either of the spouse is suffering from any condition that makes them prevents them from earning, they can be provided with alimony. Maintenance is a financial requirement claimed by the wife or the husband that covers basic needs of life which include food, shelter, clothes, medical costs and education. The objective of maintenance is to provide the struggling husband or the wife financial assistance who don’t have any sufficient independent financial source for his or her support and expenses on basic needs.
The two terms “Alimony” and “Maintenance” are almost synonymous and interchangeable. But actually, maintenance is wider and is not always corelated to a matrimonial relationship or matrimonial proceeding. Maintenance can be claimed independently without any matrimonial relief. The alimony is applicable to matrimonial proceeding only. The alimony allowed during the continuance of proceeding is called “Alimony Pendente lite” and on the final disposal of proceeding is called “Permanent Alimony”.
