The Differences between Alimony and Palimony

Alimony and palimony are two legal terms often heard in discussions in family matters, particularly, divorces. While they may sound similar, they refer to distinct concepts with their own set of rules and implications. Understanding the differences between alimony and palimony is essential for anyone navigating the complexities of the termination of a marriage. In this article, we’ll delve into the definitions, legal frameworks, and key distinctions between alimony and palimony.

What is Alimony?

Alimony, more commonly known in Singapore as maintenance, is a legal obligation for the husband to provide financial support to the wife, or in cases of an incapacitated husband, for the wife to provide the financial support, pending or following a divorce or separation.

Key Characteristics of Maintenance after a Divorce:

Legal Basis

Under the Women’s Charter 1961 (“Women’s Charter”), the Court may order a man to provide maintenance to his wife or former wife or order a woman to pay maintenance to her incapacitated husband or incapacitated former husband during any matrimonial proceedings or when granting or after the grant of judgement of divorce, judicial separation or nullity of marriage.

The Courts in Singapore stated that the rationale behind the obligation of a former husband to maintain his former wife was to “even out any financial inequalities between the spouses, taking into account any economic prejudice suffered by the wife during marriage”.

When Maintenance is Ordered and How Much Maintenance to Pay

When determining whether to order maintenance, the Courts typically consider several factors, including the length of the marriage, the standard of living during the marriage, each spouse’s income and earning potential, and any direct and indirect contributions made for the benefit of the marriage or family.

In the event the Court finds that maintenance is necessary, section 114 of the Women’s Charter provides the factors that the Court must consider when determining the amount of maintenance to be paid. These factors include the following:

1. The income, earning capacity, assets and other financial resources of each party to the marriage, at present and in the foreseeable future;

2. The financial needs, obligations and responsibilities of each party to the marriage, at present and in the foreseeable future;

3. The standard of living of the family before the breakdown of the marriage;

4. The age of each party to the marriage and the length of their marriage;

5. Any physical or mental disability of either party to the marriage;

6. The contributions made by the parties of the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family; and

7. In cases of divorce, judicial separation or annulment proceedings, the value of benefits (e.g., pension) that either party of the marriage may lose due to the dissolution or annulment of the marriage.

Variation

Maintenance orders may be varied due to a change in circumstances, such as being diagnosed with an illness or a loss of employment.

Termination

When a maintenance order ends is dependent on the facts of each case. For example, maintenance is paid in a single lump sum, there are no further obligations to pay maintenance after the single lump sum payment is made.

What is Palimony?

Palimony is similar to alimony but applies to unmarried couples who have lived together in a long-term relationship and then separated. However, palimony is not a concept that is recognised in Singapore, instead, our laws provide for maintenance during the subsistence of the marriage under the Women’s Charter.

Key Characteristics of Maintenance during the Marriage

Legal Basis

A cheap lawyer in Singapore may explain or may not explain this, but under section 69(1) of the Women’s Charter, a wife may apply for a maintenance order against her husband if she can prove that her husband has neglected or refused to provide her with reasonable maintenance. The Court may then order the husband to pay a monthly allowance or a lump sum for the purposes of maintenance. The same is applicable to an incapacitated husband under section 69(2) of the Women’s Charter.

Factors the Court Must Consider

Under section 69(2) of the Women’s Charter, the Court must consider all the circumstances of the case including:

1. The financial needs of the wife or incapacitated husband;

2. The income, earning capacity, (if any), assets and other financial resources of the wife, incapacitated husband or child;

3. Any physical or mental disability of the wife or incapacitated husband;

4. The age of the husband and wife, and the length of their marriage;

5. The contributions made by the parties of the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;

6. The standard of living enjoyed by:

• The wife before her husband neglected or refused to provide her with reasonable maintenance; or

• The incapacitated husband before his wife neglected or refused to provide him with reasonable maintenance.

• The child before a parent neglected to provide the child with reasonable maintenance; and

7. The conduct of the husband and wife.

Key Differences

One of the main differences between maintenance after the marriage is terminated and maintenance during the subsistence of the marriage is procedure.

For a maintenance order after the termination of the marriage, it is ancillary to the divorce proceedings. This is because, in Singapore, divorce proceedings are held in two stages – the first stage deals with the divorce itself and the second stage deals with the ancillary matters such as issues relating to maintenance, division of the matrimonial assets and child-related orders.

Whereas the process for obtaining maintenance during the subsistence of the marriage is a stand-alone application, made by one spouse against another for the neglect or refusal to provide reasonable maintenance.

In conclusion, while maintenance after a divorce and maintenance during the marriage serve similar purposes in providing financial support to the other spouse, they differ in the requirements and the procedure for obtaining such orders. Understanding these differences is crucial for individuals navigating divorce, separation, or the dissolution of long-term relationships, as it can impact their rights and obligations regarding financial support. It is common to consult a lawyer-and not just a cheap lawyer in Singapore for anyone seeking guidance on maintenance or other related family matters.