Alimony / Maintenance Allowance: Comparative Overview in Different Nations
A practical guide comparing eligibility, types, duration, and trends across key jurisdictions.
Introduction
Alimony—also called spousal maintenance or maintenance allowance—is financial support one spouse may be required to pay the other after separation or divorce. Its purpose is to address economic disparity and promote a fair outcome. Approaches vary widely across countries depending on legal tradition, social policy, and the role of public welfare systems.
Quick take: Many modern systems prioritize rehabilitation and self-sufficiency over permanent support, reserving long-term payments for exceptional circumstances (e.g., disability, advanced age, full-time caregiving).
India Maintenance & Alimony
Key Laws
- Hindu Marriage Act, 1955 (Sections 24 & 25)
- Code of Criminal Procedure, 1973 (Section 125)
- Special Marriage Act; personal laws (e.g., Muslim law)
Essentials
- Who can claim: Either spouse; courts assess need and ability to pay.
- Types: Interim maintenance (during proceedings) and permanent alimony (monthly or lump sum).
- Assessment: Income, needs, standard of living, duration of marriage, conduct, health, childcare.
Trend: move toward fairness and maintaining a comparable living standard where feasible.
United States State-Specific
Common Types
- Temporary (pendente lite)
- Rehabilitative (to achieve self-support)
- Permanent (rare; often for long marriages or disability)
Typical Factors
- Marriage length, income disparity, earning capacity, contributions (including homemaking), age/health
- Fault considered in some states
Trend: encourage independence; durational caps and formula guidance in some states.
United Kingdom Spousal Maintenance
- Law: Matrimonial Causes Act 1973
- Forms: Periodical payments, lump sums, pension sharing
- Principle: Fairness and “reasonable needs”; clean-break settlements preferred where possible
Duration usually short-to-medium; lifelong awards are exceptional.
Canada Spousal Support
- Law: Divorce Act & provincial family laws
- Types: Compensatory, non-compensatory (need-based), contractual (per agreements)
- Guidance: Spousal Support Advisory Guidelines (ranges; judicial discretion remains)
Trend: structured, predictable outcomes using SSAG ranges.
Australia Spousal Maintenance
- Law: Family Law Act 1975
- Test: A party should maintain the other if they can, and the other cannot support themselves adequately
- Factors: Age, health, income, work capacity, care of children, marriage duration
Trend: short-term, rehabilitative focus; permanent dependency is rare.
Germany Ehegattenunterhalt
- Law: German Civil Code (BGB)
- Scope: Support during separation; limited post-divorce maintenance
- Eligibility: Childcare of young children, illness, age, lack of employment opportunity
Trend: strong emphasis on self-sufficiency; lifelong awards are unusual.
France Prestation compensatoire
- Law: French Civil Code
- Form: Primarily lump-sum capital; periodic payments in limited cases
- Basis: Compensate disparity in living standards created by divorce
Trend: final settlement favored over ongoing periodic support.
Comparative Table
| Country | Legal Basis | Types of Alimony | Typical Duration | Current Trend |
|---|---|---|---|---|
| India | Hindu Marriage Act; CrPC 125; personal laws | Interim & permanent (monthly or lump sum) | Case-specific; can be long-term | Fairness; comparable lifestyle where feasible |
| United States | State family laws | Temporary, rehabilitative, permanent (rare) | Short/medium; permanent only in limited cases | Promote self-reliance; durational limits common |
| United Kingdom | Matrimonial Causes Act 1973 | Periodical payments, lump sum, pension sharing | Mostly short-to-medium; lifelong exceptional | Preference for clean-break settlements |
| Canada | Divorce Act; provincial laws; SSAG | Compensatory, non-compensatory, contractual | Guideline-based; varies with facts | Structured outcomes using SSAG ranges |
| Australia | Family Law Act 1975 | Spousal maintenance | Usually short-term | Rehabilitation over permanence |
| Germany | Civil Code (BGB) | Separation support; limited post-divorce | Long-term rare; needs-based | Self-sufficiency emphasized |
| France | Civil Code | Prestation compensatoire (lump sum preferred) | Generally one-time settlement | Final compensation vs. ongoing support |
FAQ
Who can claim alimony or maintenance?
In most jurisdictions, either spouse may claim support if they demonstrate need and the other spouse has the ability to pay. Eligibility depends on factors like income disparity, caregiving roles, health, and marriage length.
Is alimony permanent?
Permanent alimony is increasingly rare. Many systems favor time