Glossary entry

French term or phrase:

aliments

English translation:

maintenance

Added to glossary by Stéphanie Soudais
Mar 13, 2008 07:14
16 yrs ago
20 viewers *
French term

Aliments

French to English Law/Patents Law: Contract(s) Prenuptial agreement
In the sentence: "Les futurs époux se font en outre donation, à cause de mort... à titre d'aliments et sous la condition d'insaisissabilité de tous les biens meubles et immeubles..."
Thank you in advance!
Change log

Mar 16, 2008 08:29: B D Finch Created KOG entry

Jan 14, 2011 12:43: Stéphanie Soudais changed "Edited KOG entry" from "<a href="/profile/570330">B D Finch's</a> old entry - "Aliments (in this context)"" to ""maintenance""

Discussion

B D Finch Mar 14, 2008:
In UK English alimony can be paid by either spouse to the other on separation (not divorce), but it is NOT the word used in the event of the death of one of the spouses; that would be "maintenance".
Julie LeBlanc (asker) Mar 14, 2008:
Alimony? Thank you all for your help! Zofia is right. The meaning here is that in the event of the death of either of the spouses, the other shall receive all the movables and immovables as "aliments"... There is no mention of monies or assets. This is an old prenuptial agreement dating from the 70s from Quebec... Is alimony solely refered to as an allowance paid to the woman? Thanks again! :-)
Zofia Wislocka Mar 13, 2008:
BDF: I think that here they mean 'alimony' as means and guarantee of subsistence, support - for the surviving spouse. So maybe 'support' would be the best choice ?
B D Finch Mar 13, 2008:
In that case it is definitely not "alimony"! However, only Julie, as the Asker and with the source text at her disposal, can answer my question. There is no point in anybody else guessing at it.
Zofia Wislocka Mar 13, 2008:
BDF: I think what they mean here is "in the event of the death of either of the spouses" the other receives all the assets .. :)
B D Finch Mar 13, 2008:
What is the connection between "aliments" and "à cause de mort"? After all, one doesn't generally get alimony as the result of death. Is there something we should know about within the "..."?

Proposed translations

+1
8 hrs
Selected

maintenance

If this is about arrangements in the case of death of one of the spouses, then it should be "maintenance". If you are translating into UK English, then "alimony" would be wrong anyhow. I don't know what the Canadian usage is.

"A surviving spouse may claim reasonable maintenance. ... A surviving spouse will receive **maintenance** until his/ her own death, or until remarriage. ..."
campus.ru.ac.za/index.php?action=category&category=405

"James Kessler QC argued that the disposition was not a transfer of value because it fell under section 11 of the Inheritance Tax Act 1984, which provides that ‘a disposition is not a transfer of value if it is made by one party to a marriage in favour of the other party… and is for the maintenance of the other party’.

While agreeing that there are circumstances in which the transfer of an asset can be maintenance, the commissioner found that the reason married couples normally put their house into joint names is not for ‘maintenance’ but for security. He said: ‘I do not consider that when a husband puts a house into joint names of himself and his wife during their marriage, it is within the ordinary meaning of maintenance."

http://www.lawgazette.co.uk/inpractice/legalupdates/view=det...

The GDL, as I am sure you have checked, doesn't give an English translation for "aliments", which it defines as:

"Prestation ayant généralement pour objet une somme d'argent destinée à assurer la satisfaction des besoins vitaux d'une personne qui ne peut plus assurer elle-même sa propre subsistance. "

The following refers to French law and pension rights:

"split pension rights represent only incomplete individualisation. Splitting is still underpinned by thelogic of a **maintenance** obligation between spouses and compensatory reassignment. It considers the married couple as an insured unit."
www.cnav.fr/4_5ret_soc/best_of/2007/2007_veil.pdf

French inheritance law does not automatically provide for the surviving spouse; the family home can be inherited by the deceased spouse's children or children of the marriage leaving the surviving spouse in a difficult situation.



Peer comment(s):

agree Zofia Wislocka : or support, yes :))
1 hr
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4 KudoZ points awarded for this answer. Comment: "Thank you very much! We came to the decision with the client that maintenance was probably the best option in this case. Thanks everyone for your help. Kind regards, Julie"
+5
8 mins

alimony

Allowance paid especially by the spouse to a woman. From Webster's dictionary.
Peer comment(s):

agree Ghyslaine LE NAGARD
10 mins
Thanks.
agree Angeliki Papadopoulou
34 mins
Merci.
agree Christian Robitaille : "Alimony" is acceptable, but as "nourishment, maintenance; means of subsistence" (New SEOD), which is precisely what "aliments" means here, as opposed, e.g., to a "pension alimentaire".
1 hr
Merci.
agree Terry Gwenn
3 hrs
Merci.
agree Katarina Peters
4 hrs
Merci.
Something went wrong...
26 mins

alimony or support

"Support" is also given in the Dahl's legal dictionary.

The Dahl indicates that "support" would be used when the type of support is not mentioned or specific as in your case, when alimony indicates an amount of money awarded after a legal action (e.g. divorce, separation, financial support owed by the children to their parents, etc.)
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