Alimony in the context of "Domestic relations"

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⭐ Core Definition: Alimony

Alimony, also called aliment (Scotland), maintenance (England, Republic of Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation varies depending on the divorce law or family law of each country and prenuptial agreements. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.

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👉 Alimony in the context of Domestic relations

In the common law tradition, the law of domestic relations is a broad category that encompasses:

In some jurisdictions, guardianships, truancy, and matters related to juvenile delinquency are considered part of the law of domestic relations.

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Alimony in the context of Divorce

Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.

Divorce laws vary considerably around the world, but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.

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Alimony in the context of Prenuptial

A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse.

In some countries, including the United States, Belgium, and the Netherlands, the prenuptial agreement not only provides for what happens in the event of a divorce but also protects some property during the marriage, for instance in case of bankruptcy. Many countries, including Canada, France, Italy, and Germany, have matrimonial regimes, in addition to, or in some cases, instead of prenuptial agreements.

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Alimony in the context of Marital separation

Marital separation occurs when spouses in a marriage stop living together without getting divorced. Married couples may separate as an initial step in the divorce process or to gain perspective on the marriage and determine whether divorce is warranted. Other couples may separate as an alternative to divorce for economic or religious reasons, for tax purposes, or to ensure continuing retirement and/or health insurance benefits for both spouses. A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court. As for a divorce, the latter may include provisions for alimony, whether to have sole custody or shared parenting of any children, and the amount of child support.

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Alimony in the context of Recognition of same-sex unions in the Czech Republic

The Czech Republic has recognized registered partnerships for same-sex couples since 1 July 2006. Registered partnerships grant several of the rights of marriage, including inheritance, the right to declare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege and alimony rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006. The Czech Republic also recognizes unregistered cohabitation status for "persons living in a common household", granting inheritance and succession rights in housing.

A same-sex marriage bill passed its first reading in the Chamber of Deputies in June 2023, but was rejected at third reading in February 2024 in favor of a bill expanding the rights of registered partnerships. This bill was approved by the Senate in April 2024 and was later signed by President Petr Pavel. The law, which grants registered partners the same rights, obligations and responsibilities as married opposite-sex couples, apart from the title of marriage and joint adoption—though stepchild adoption is permitted—went into force on 1 January 2025. Polling suggests that a large majority of Czechs support the legal recognition of same-sex marriage.

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Alimony in the context of Uniform civil code

The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply equally to all citizens, regardless of their religion. Currently, personal laws of different religious communities are governed by their religious scriptures. Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply directive principles and common law uniformly to all Indian citizens when formulating national policies.

Personal laws were first framed during the British Raj, mainly for Hindu and Muslim subjects. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere. The Indian state of Goa was separated from British India during the colonial rule in the erstwhile Portuguese Goa and Daman, retained a common family law known as the Goa civil code and thus was the only state in India with a uniform civil code prior to 2024. Following India's independence, Hindu code bills were introduced which largely codified and reformed personal laws in various sects among Indian religions like Buddhists, Hindus, Jains and Sikhs but they exempted Christians, Jews, Muslims and Parsis.

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