MAINTENANCE

MAINTENANCE

maintenance, n.

1. The continuation of something, such as a lawsuit.

2. The continuing possession of something, such as property.

3. The assertion of a position or opinion; the act of upholding a position in argument.

4. The care and work put into property to keep it operating and productive; general repair and upkeep.

5. Financial support given by one person to another, usu. paid as a result of a legal separation or divorce; esp., ALIMONY. ? Maintenance may end after a specified time or upon the death, cohabitation, or remarriage of the receiving party. [Cases: Divorce 208, 230; Husband and Wife 232. C.J.S. Divorce ¡ì¡ì 315, 320¨C331, 336¨C339, 369, 394¨C400, 422¨C426, 481¨C487.]

maintenance in gross. A fixed amount of money to be paid upon divorce by one former spouse to the other, in a lump sum or in installments. ? Typically, the total amount is unmodifiable regardless of any change in either person’s circumstances. [Cases: Divorce 241. C.J.S. Divorce ¡ì¡ì 395¨C397.]

separate maintenance. Money paid by one married person to another for support if they are no longer living together as husband and wife. ? This type of maintenance is often mandated by a court order. An action for separate maintenance is not maintainable after the entry of a divorce decree.

¡ª Also termed separate support. [Cases: Husband and Wife 232.]

6. Assistance in prosecuting or defending a lawsuit given to a litigant by someone who has no bona fide interest in the case; meddling in someone else’s litigation. Cf. CHAMPERTY. [Cases: Champerty and Maintenance

4. C.J.S. Champerty and Maintenance, Barratry and Related Matters ¡ì¡ì 2, 5.]


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