Alimony

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.