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Aliments

English translation: maintenance

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:aliments
English translation:maintenance
Entered by: Stéphanie Soudais
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07:14 Mar 13, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Prenuptial agreement
French term or phrase: Aliments
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!
Julie LeBlanc
Canada
Local time: 22:40
maintenance
Explanation:
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.



Selected response from:

B D Finch
France
Local time: 07:40
Grading 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
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +5alimony
Nadia Ayoub
4 +1maintenance
B D Finch
5alimony or supportGhyslaine LE NAGARD


Discussion entries: 6





  

Answers


8 mins   confidence: Answerer confidence 5/5 peer agreement (net): +5
alimony


Explanation:
Allowance paid especially by the spouse to a woman. From Webster's dictionary.

Nadia Ayoub
Egypt
Local time: 07:40
Native speaker of: Arabic

Peer comments on this answer (and responses from the answerer)
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  kobay
3 hrs
  -> Merci.

agree  Katarina Peters
4 hrs
  -> Merci.
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26 mins   confidence: Answerer confidence 5/5
alimony or support


Explanation:
"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.)

Ghyslaine LE NAGARD
New Caledonia
Local time: 16:40
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 31
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
maintenance


Explanation:
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.






    Reference: http://www.lawgazette.co.uk/inpractice/legalupdates/view=det...
B D Finch
France
Local time: 07:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 309
2 corroborated select projects
in this pair and field What is ProZ.com Project History(SM)?
Grading 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

Peer comments on this answer (and responses from the answerer)
agree  Zofia Wislocka: or support, yes :))
1 hr
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Changes made by editors
Jan 14, 2011 - Changes made by Stéphanie Soudais:
Edited KOG entry<a href="/profile/570330">B D Finch's</a> old entry - "Aliments (in this context)" » "maintenance"
Mar 16, 2008 - Changes made by B D Finch:
Created KOG entryKudoZ term » KOG term


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