Separate Maintenance
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
The allowance made by a husband to his wife for her separate support and maintenance. In general, if a wife is abandoned by her husband, without fault on her part, and left without adequate means of support, a bill in equity will lie to compel the husband to support her, without asking for or procuring a decree of divorce; Schoul.
Hus. & W. § 485; Garland v. Garland, 50 Miss. 694; Van Arsdalen v. Van Arsdalen, 30 N. J. Eq. 359.
When this allowance is regularly paid, and notice of it has been given, no person who has received such notice will be entitled to recover against the husband for necessaries furnished to the wife, because the liability of the husband depends on a presumption of authority delegated by him to the wife, which is negatived by the facts of the case; 2 Stark. Ev. 699.