Legal Definitions - separate maintenance

Separate maintenance refers to a court order that requires one spouse to provide financial support to the other spouse while they are living apart but are still legally married. Unlike a divorce or legal separation, a separate maintenance order does not dissolve the marriage or formally alter the couple's marital status. Its primary purpose is to establish financial support arrangements during a period of separation, often when a couple chooses not to divorce for personal, religious, or financial reasons.

Here are a few examples to illustrate separate maintenance:

• Example 1: Religious Beliefs

  Maria and Carlos have been married for twenty years but have decided they can no longer live together. Due to their deeply held religious beliefs, they are opposed to divorce. Maria, who has primarily managed the household and raised their children, has limited income. To ensure she has financial stability while they live separately, Maria can petition the court for a separate maintenance order. This order would legally obligate Carlos to provide her with ongoing financial support, allowing them to live apart without formally ending their marriage.

• Example 2: Trial Separation with Financial Disparity

  Sarah and David are experiencing significant marital difficulties and decide to live in separate residences for a year to see if they can reconcile. David earns a substantial salary, while Sarah works part-time and relies on his income to cover many of her living expenses. To ensure Sarah can maintain her financial independence and cover her new housing costs during this trial separation, she can seek a separate maintenance order. This allows her to receive necessary financial support from David without initiating divorce proceedings, keeping open the possibility of reconciliation.

• Example 3: Preserving Benefits

  Eleanor and Richard have been married for 35 years. Richard is retired and receives a generous pension and comprehensive health benefits through his former employer. Eleanor, who has health issues, relies heavily on these benefits. They have grown apart and wish to live separately, but Eleanor is concerned about losing access to Richard's benefits if they divorce. In this situation, Eleanor could pursue a separate maintenance order. This arrangement would allow them to live apart with Richard providing financial support, while Eleanor retains her marital status and access to the crucial health and retirement benefits she would otherwise forfeit upon divorce.