alimony

Alimony does not arise from any business transaction, but from the relation of marriage. It is not founded on a contract, express or implied, but on the natural and legal duty of the husband to support the wife. The general obligation to support is made specific by the decree of the court of appropriate jurisdiction. Permanent alimony is regarded rather as a portion of the husband's estate to which the wife is equitably entitled, than as strictly a debt.

Money paid for aliment or support. The allowance which a husband, by order of court, pays to his wife, living separate The term is sometimes restricted to an allowance for a wife's support, made either pending an action for divorce, or after a decree of divorce. Alimony pendente lite is that ordered during the pendency of a suit. Permanent alimony is that ordered for the use of the wife after the termination of the suit, during their joint lives, or until the further order of the court. ALIO INTUITU (Lat.) Under a different aspect. See "Diverso Intuitu." ALIQUID CONCEDITUR NE INJURIA remaneat impunita, quod alias non concederetur. Something is conceded lest a wrong should remain unpunished which otherwise would not be conceded. Co. Litt. 197. ALIQUID POSSESSIONIS ET NIHIL Juris (Law Lat.) Somewhat of possession, and nothing of right (but no right). A phrase used by Bracton to describe that kind of possession which a person might have of a thing as a guardian, creditor, or the like, and also that kind of possession which was granted for a term of years, where nothing could be demanded but the usufruct. Bracton, fols. 39a, 160a. ALIQUIS NON DEBET ESSE JUDEX IN propria causa, quia non potest esse judex et pars. A person ought not to be judge in his own cause, because he cannot act both as judge and party. Co. Litt. 141a; Broom, Leg. Max. (3d London Ed.) 112; Litt. § 212; 13 Q. B. 327; 17 Q. B. 1; 15 C. B. 769; 1 C. B. (N. S.) 329. ALITER (Lat.) Otherwise; otherwise held or decided. ALIUD EST CELARE; ALIUD TACERE. To conceal is one thing; to be silent another. 3 Burrows, 1910. See 2 Wheat. (U. S.) 176; 9 Wheat. (U. S.) 631; 3 Bing. 77; 4 Taunt. 851; 2 Car. & P. 341; Broom, Leg. Max. (3d London Ed.) 701. ALIUD EST DISTINCTIO; ALIUD SEPAratio. Distinction Is one thing; separation another. Bacon's arg. Case of Postnati of Scotland, Works, iv. 351. ALIUD EST POSSIDERE; ALIUD ESSE In possesslone. It is one thing to possess; it is another to be in possession. Hob. 163; Bracton, 206. ALIUD EST VENDERE; ALIUD VENdenti consentire. To sell is one thing; to give consent to him who sells, another. Dig. 50. 17. 160. ALIUD EXAMEN (Lat.) A different or foreign mode of trial. 1 Hale, Hist. Com. Laws, 38 (30). will) may be received to explain an ambiguity in a will. 1 Greenl. Ev. § 291.

Nourishment; support or maintenance; an allowance to a wife out of the husband's estate during or at the termination of a matrimonial suit for her support, present or future, — called alimony pendente lite, or temporary alimony, and permanent alimony.

The allowance oa to a wife out of her husband’s estate for her support, either during a matrimonial suit, or at its termination, when she proves herself entitled toa separate maintenance, and the fact of a marriage is established. Alimony is an alluwance out of the husband’s estate, mnde for the support of the wife when living separate from him, It is either temporary or permanent. Code Ga, 1882, § 1736. The allewanee which is made by order of court to a woman for her support out of her husband's estate, upon being separated from him by divorce, or pending a suit for divorce. Pub. st. Mass. 1882, p. 1287. Ly alimony we understand what is necessary for the nourishment, lodging, and support of the person who claimsit. Itincludes education, when the person to whom the alimony is due isa minor. Civil Code ha. art. 230. The term is commonly used as equally applicable to all allowances, whether annual or in gross, made to a wife upon a decree in divoree. 107 Mass. 432. Alimony pendente lite is that ordered during the pendency of a suit. Permanent alimony is that ordered for the use of the-wife after the termination of the suit during their joint lives.

s Support; provision; allowance for necessaries or maintenance. 1. An allowance made to a woman for her support out of her husband's estate, after a divorce a mensa et tlioroj Applicable to all allowances, whether annual or in gross, made to a wife upon a decree of divorce — either from bed and board or from the bond of matrimony.* Alimony pendente lite or temporary. An allowance at the institution of the suit to pay the expenses thereof and to supply the wife with necessaries. Permanent alimony. An allowance for future maintenance at the time a divorce is decreed. Originally allowed because the wife was without other means of support or of obtaining the money necessary to defray her expenses in the suit, the husband owning everything. Where she has sufittoient separate property that reason does not exist, s Not the separate property of the wife, but a portion of the husband's estate for her subsistence. At her death arrears belong to the husband, subject to the payment of her debts.* The amount, which is largely discretionary with the court, is usually proportioned to the rank of the parties, and is, ordinarily, about one-third of their joint income.^ The allowance is based upon the existence of the marriage relation, the ability of the husband, and the circumstances of the wife.* To entitle the wife to permanent a Jimony there must have been a valid marriage; by the common law the marital relation must continue to exist -^ a rule generally changed by statute; the separation must be by decree; and she must not be the guilty party — except in a few of the States. An independent suit for an allowance is not maintainable. In a few States a gross simi is given. The right ceases upon re-cohabitation. A wife under sentence of separation from bed and » Nichols V. Eaton, 91 V. S. 725 (1876). As to restraints in wills, see 18 Cent. Law J. 307-8 (1884), cases. ' L. alimonia: alere, to nourish, support, supply. 3 1 Bl. Com. 441; 1 Kent, 128; 36 Ga. 319; 18 Bl. 40; 93 N. C. 480. 4 Burroughs v. Purple, 107 Mass. 432 (1871), oases. Gray, J. 'Westerfleld v. Westerfleld, 36 N. J. E. 197 (1882); Col Uns V. Collins, 80 N. Y. 1, 11-12 (1880). « Holbrook v. Comstock, 16 Gray, 110 (1860), cases. ' 1 Bl. Com. 441-42; Bacon v. Bacon, 43 Wis. 203 (1877). board is entitled to make a domicil for herself; and, by her next friend, she may sue her husband for the alimony decreed.' Consult the statutes and decisions of each State. See DjvoROB. 2. In Louisiana the necessary expenses of a municipality; also, funds therefor. The duty of levying a tax to pay registered judgments is subordinate to the duty of first providing for " the necessary alimony or support of the city."" " The duty of providing for the alimony of the city is lodged in the discretion of the common council, in the legal exercise of which tho com-ts may not interfere." ' ALIO; ALITEE. See under Alius.

An allowance made to the wife out of the husband's estate, during or at the termination of a suit, for her maintenance while separated from her husband.

[Lat. alimonia, from alere, to nourish, or support. J Nourishment, support or maintenance. An allowance made to a wife out/>f the husband's estate, for her maintenance, either during a matrimonial suit, or at its termination, where she has proved herself entitled to a separate maintenance. That proportion of the husband's estate which the wife sues, in the ecclesiastical court, or court of equity, to have allowed her for her present subsistence and livelihood, according to law, upon any such separation from her husband as is not caused by her own elopement or adultery.* Shelf ord Marr, <k Div, 586. In causes between husband and wife, on the principle that the whole property is supposed by law to be vested in the husband, he is in most cases obliged by law to pay the expenses on both sides, and to allow the wife alimony during the suit. Id, ibid. 1 Bl. Com. 441. 8 Id, 04. 2 Steph, Com. 812. 2 Kenfs Com. 99, 128. This allowance is sometimes called in the old law, the wife's estover, OT estovers. 1 Bl. Com, 441, Cowell, See Estovers,

is the maintenance or support which a husband is bound to give to his wife upon a separation from her; or the support which either father or mother is bound to give to his or her children, though this is more usually called maintenance. In Louisiana by alimony ts meant the nourishment, lodging and support of the person who claims it. It includes education when the person to whom alimony is due is a minor. Civil Code of L. 246. Alimony is granted in proportion to the wants of the person requiring it, and the circumstances of those who are to pay it. By the common Jaw parents and children owe each other alimony. 1 Black. Comm. 447; 2 Com. Dig. 498; 3 Ves. 358; 4 Vin. Ab. 175; Ayl. Parerg. 58; Dane’s Ab. Index, h. t.; Dig. 34,1,6.