Maintenance Allowance and Divorce Allowance: What Are the Differences?

In the context of separations and divorces, the terms 'maintenance allowance' and 'divorce allowance' are often used, but it is important to understand the substantial differences between the two. Both allowances, while being tools of economic support, have different purposes and rationale.

Purpose of the Maintenance Allowance

The maintenance allowance is intended to provide economic support to the economically weaker spouse during the separation phase. The goal is to maintain a standard of living as similar as possible to that enjoyed during the marriage. This type of allowance may also include contributions for the maintenance of children.

Purpose of the Divorce Allowance

After the divorce has been formalized, the maintenance allowance may be replaced by the divorce allowance. Its main purpose is to compensate for any economic disparities between the ex-spouses, taking into account the self-sufficiency of the recipient. The divorce allowance aims to ensure economic balance post-marriage, considering various factors such as the duration of the marriage and the personal and economic conditions of the parties.

Main Differences

  • Period of Payment: The maintenance allowance is provided during the separation, while the divorce allowance applies after the divorce decree.
  • Purpose: Maintenance aims to preserve the standard of living during separation, while divorce aims to achieve economic balance post-marriage.
  • Review: The conditions of the divorce allowance can be renegotiated in the event of significant changes in the parties' circumstances.
"Understanding the differences between maintenance allowance and divorce allowance is crucial for effectively addressing the economic implications of separation."

If you are facing a separation or divorce and wish to receive legal assistance to better understand your rights and obligations, do not hesitate to contact the Bianucci Law Firm. Our team of experts is ready to offer you support and personalized advice.

Contact Us