Failure to Maintain Law and Legal Definition

In divorce matters failure to maintain refers to the failure of either spouse to a marriage to provide reasonable maintenance for the other or to make a proper contribution towards the maintenance of any children of the family during the subsistence of the marriage. Upon proof of such failure, courts have jurisdiction to make orders for unsecured periodical payments and for lump-sum.

In negligence cases a failure to maintain means a failure to keep a facility in the same general state of being, repair, or efficiency as initially constructed. [Swieckowski by Swieckowski v. City of Fort Collins, 934 P.2d 1380 (Colo. 1997)].