We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Separate Maintenance?

Mary McMahon
By
Updated Feb 16, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Separate maintenance is maintenance provided by one spouse to another when the spouses are legally separated. They are still married, but they are not living together. Separate maintenance includes child support payments and funds which are designed to help the other spouse maintain his or her lifestyle. A separate maintenance agreement usually also discusses the division of property, child custody arrangements, and other details of the separation.

Couples may obtain a legal separation for a number of reasons. Sometimes it is designed as a cooling off period to determine if the partners would like a divorce. In other cases, people are opposed to a divorce, but wish to live separately. A legal separation may sometimes be referred to as a divorce from bed and board, in contrast with a dissolution of the bonds of matrimony.

When a couple legally separates or obtains a divorce from bed and board, the court becomes involved in the process. The partners, with the assistance of the court, work out a separation agreement which is deemed acceptable. It is generally understood that both spouses have a right to live in the style to which they were accustomed under the marriage, which means that property must be divided equitably and one spouse may be obliged to pay separate maintenance to support the other.

Some couples make agreements before they marry about what should happen in the event of a separation. In these cases, the prenuptial agreement may determine some of the terms of the separate maintenance. For example, one spouse may indicate in the agreement that she or he will retain ownership of the house in the event of a divorce and that if the house is sold this spouse will keep the proceeds. Other items of property may also be separate, in accordance with the terms of the agreement made before marriage.

When a couple formally divorces, then separate maintenance becomes alimony. If a couple was previously legally separated, the separate maintenance agreement may be used as a guide for developing an agreement on alimony payments and other terms related to the divorce.

Some couples are able to work out the terms of a separate maintenance agreement amicably, with the assistance of lawyers to draft the legal documents, in which case the lawyers simply need to file the agreement in court in order for it to take effect. In other cases, it will be necessary to go to court in order to receive a court order for separate maintenance.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Read more
WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.