Post-divorce alimony (poverty maintenance)

Post-divorce alimony is awarded to the spouse who will fall into poverty because of the divorce. The claimant must not be more heavily at fault than the other spouse; the payer's fault is not required, ability to pay being sufficient.

The award depends on a request and cannot be made by the judge of their own motion. If not claimed in the divorce case, a separate action may be filed within the statutory period from finality. The statute provides for it without time limit; removal may be sought where the recipient marries, cohabits as if married, escapes poverty or leads a dishonourable life.

Its indefinite character has long been debated publicly and reform proposals recur, but the rule in force remains as stated. The amount may be revisited through increase and reduction actions as circumstances change, with the recipient's minimum subsistence the settled benchmark.