See also:

• ALIMONY (from Lat. alere, to nourish)

ALIMONY (from See also:

• LAT

Lat. alere, to nourish)  , in See also:

• LACY, FRANZ MORITZ, COUNT (1725-1801)
• LACY, HARRIETTE DEBORAH (1807-1874)
• LACY, MICHAEL ROPHINO (1795–1867)

lacy the See also:

• ALLOWANCE (from "allow,' derived through 0. Fr. alouer from the two Lat. origins adlaudare, to praise, and allocare, to assign a place; so that the English word combined the general idea of "assigning with approval")

allowance for See also:

• MAINTENANCE (Fr. maintenance, from maintenir, to maintain, support, Lat. manu tenere, to hold in the hand)

maintenance to which a wife is entitled out of her See also:

• HUSBAND

husband's See also:

• ESTATE (through O. Fr. estat, mod. flat, from Lat. status, state, condition, position, stare, to stand)

estate for her support on a See also:

• DECREE (from the past participle, decretus, of Lat. decernere)

decree for judicial separation or for the See also:

• DISSOLUTION (from Lat. dissolvere, to break up into parts)

dissolution of the See also:

• MARRIAGE

marriage . Though, as a See also:

• RULE

rule, payable to a wife, it may, if the circumstances of the See also:

• CASE
• CASE, JOHN (d. 1600)

case See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant it, be payable by the wife to the husband . See also:

• ALIMONY (from Lat. alere, to nourish)

Alimony is of two kinds, (a) temporary (pendente lite), and (b) permanent . Temporary alimony, or alimony pending suit, is the See also:

• PROVISION (Lat. provisio)

provision made by the husband for the wife in causes between them to enable her to live during the progress of the suit, and is allowed whether the suit is by or against the husband and whatever the nature of the suit may be . The usual See also:

• ENGLISH

English practice is to allot as temporary alimony about one-fifth of the husband's See also:

• NET

net income; where it appears that the husband has no means or is in insolvent circumstances, the See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court will refuse to allot temporary alimony . So where the wife is supporting herself by her own earnings, this fact will be taken into See also:

• CONSIDERATION (from Lat. considerare, to look at closely, examine, generally taken to be from con-, and the base seen in sidus, sideris, a star, the word being supposed to be originally an astrological or astronomical term)

consideration . And where the wife and husband have lived apart for many years before the institution of the suit, and she has supported herself during the separation, no alimony will be allotted . Nor will the wife be entitled to alimony where she has sufficient means of support See also:

• INDEPENDENT

independent of her husband . Permanent alimony is that which is allotted to the wife after final decree . By the Matrimonial Causes See also:

• ACT (Lat. actus, actum)

Act 1907, the court may, if it think See also:

• FIT

fit, on any decree for dissolution or nullity of marriage, See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order that the husband shall, to the See also:

• SATISFACTION (Lat. salisfacerc, to satisfy)

satisfaction of the court, secure to the wife such a See also:

• GROSS

gross sum of See also:

• MONEY

money or such See also:

• ANNUAL

annual sum of money for any See also:

• TERM

term not exceeding her See also:

• LIFE

life, as having regard to her See also:

• FORTUNE, ROBERT (1813-188o)

fortune (if any), to the ability of her husband, and to the conduct of the parties, it may deem reafonable . The court may suspend the pronouncing of its decree until a proper See also:

• DEED (in O. Eng. dead, from the stem of the verb " to do ")

deed or See also:

• INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument has been executed by all necessary parties . The court may also make an order on the husband for See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment to the wife during their See also:

• JOINT (through Fr. from Lat. junctum, jungere, to join)

joint lives of a reasonable monthly or weekly sum for her maintenance; the court may also at any See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time See also:

• DISCHARGE (adapted from the O. Fr. discharge, modern decharge, from a med. Lat. discargare, to unload, dis- and earn care, to load, cf. " charge ")

discharge, modify, suspend or increase the order according to the altered means of the husband; the court has also See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power to make provision for See also:

• CHILDREN, LAW RELATING TO

children .

Alimony is paid See also:

• DIRECT

direct to the wife or to a trustee or trustees on her behalf, but the court may impose any restrictions which seem expedient . We may also describe as a See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind of alimony the allowance of a See also:

• REASON (Lat. ratio, through French raison)

reason-able weekly sum not exceeding i2 which in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England, under the See also:

• SUMMARY

Summary See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

Jurisdiction (Married See also:

• WOMEN

Women) Act 1895, may be given to a married woman on applying to a court of summary jurisdiction if she has been forced by See also:

• CRUELTY (through the O. Fr. crualte, mod. cruaute, from the Lat. crudelitas)

cruelty to leave her husband or has been deserted by him . See also:

• UNITED

United States.—Alimony is granted by the courts of the several states on much the same principle as in England, though in many states the courts of See also:

• EQUITY (Lat. aequitas)

equity as such may See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant alimony without See also:

• DIVORCE

divorce or separation proceedings independently of any See also:

• STATUTE

statute, on the ground that it is just that the husband should support his wife when she lives apart from him for his See also:

• FAULT (Mid. Eng. faute, through the French, from the popular Latin use of fallere, to fail; the originallof the Latin being replaced in English in the 15th century)

fault, and since the courts of See also:

• COMMON

common See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law provide no remedy the courts of equity will . This is so in See also:

• ALABAMA

Alabama (See also:

• BRADY, NICHOLAS (1659-1726)

Brady v . Brady, 1905, 39 So . See also:

• REP, REPP, or REPS

Rep . 237), See also:

• KENTUCKY

Kentucky, See also:

• NORTH
• NORTH, BARONS
• NORTH, MARIANNE (1830—1890)
• NORTH, ROGER (1653-1734)
• NORTH, SIR THOMAS (1535?-16o1?)

North Carolina, See also:

• IOWA

Iowa, See also:

• CALIFORNIA
• CALIFORNIA, LOWER (Baja California)
• CALIFORNIA, UNIVERSITY OF

California, See also:

• OHIO

Ohio,See also:

• VIRGINIA
• VIRGINIA, or VERGINIA
• VIRGINIA, UNIVERSITY OF

Virginia, See also:

• SOUTH
• SOUTH, ROBERT (1634–1716)

South Dakota and the See also:

• DISTRICT

District of See also:

• COLUMBIA

Columbia . In other states alimony without such proceedings is allowed by statute, and such alimony is now very See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general throughout the United States . The usual grounds for the allowance of it are See also:

• DESERTION

desertion and such conduct as would amount to legal cruelty . After divorce a vinculo, alimony or See also:

• SEPARATE

separate maintenance is sometimes granted on See also:

• GOOD, JOHN MASON (1764-1827)

good reason . The marriage must be proven as a fact, but a " common law " marriage, i.e. one established by cohabitation and repute, is sufficient . In several states alimony or maintenance is by statute allowed to the husband in certain cases out of the wife's See also:

• PROPERTY

property .

This is so in See also:

• MASSACHUSETTS (an Indian name, originally applied to a tribe of Indians)

Massachusetts, Virginia, Rhode See also:

• ISLAND (O.E. ieg =isle, +land')

Island and Iowa . In See also:

• OREGON

Oregon he is entitled to one-third of his wife's real estate in addition to maintenance on divorce for her fault . The amount of alimony depends upon the circumstances of each case as in England . Permanent alimony is generally more than when pendente lite, and usually one-third the husband's income . It may generally be changed from time to time as the circumstances of the parties See also:

• CHANGE (derived through the Fr. from the Late Lat. cambium, cambiare, to barter; the ultimate derivation is probably from the root which appears in the Gr. «a urmu', to bend)

change . See also:

• JUDGMENT

Judgment for alimony is considered a judgment in personam and not in rem, and can only he enforced outside the See also:

• STATE
• STATE, GREAT OFFICERS OF

state where rendered in case the husband has been personally served with See also:

• PROCESS

process within that state . The remarriage of the See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man is not sufficient ground for reducing the alimony (See also:

• SMITH
• SMITH, ADAM (1723–1790)
• SMITH, ALEXANDER (183o-1867)
• SMITH, ANDREW JACKSON (1815-1897)
• SMITH, CHARLES EMORY (1842–1908)
• SMITH, CHARLES FERGUSON (1807–1862)
• SMITH, CHARLOTTE (1749-1806)
• SMITH, COLVIN (1795—1875)
• SMITH, EDMUND KIRBY (1824-1893)
• SMITH, G
• SMITH, GEORGE (1789-1846)
• SMITH, GEORGE (184o-1876)
• SMITH, GEORGE ADAM (1856- )
• SMITH, GERRIT (1797–1874)
• SMITH, GOLDWIN (1823-191o)
• SMITH, HENRY BOYNTON (1815-1877)
• SMITH, HENRY JOHN STEPHEN (1826-1883)
• SMITH, HENRY PRESERVED (1847– )
• SMITH, JAMES (1775–1839)
• SMITH, JOHN (1579-1631)
• SMITH, JOHN RAPHAEL (1752–1812)
• SMITH, JOSEPH, JR
• SMITH, MORGAN LEWIS (1822–1874)
• SMITH, RICHARD BAIRD (1818-1861)
• SMITH, ROBERT (1689-1768)
• SMITH, SIR HENRY GEORGE WAKELYN
• SMITH, SIR THOMAS (1513-1577)
• SMITH, SIR WILLIAM (1813-1893)
• SMITH, SIR WILLIAM SIDNEY (1764-1840)
• SMITH, SYDNEY (1771-1845)
• SMITH, THOMAS SOUTHWOOD (1788-1861)
• SMITH, WILLIAM (1769-1839)
• SMITH, WILLIAM (c. 1730-1819)
• SMITH, WILLIAM (fl. 1596)
• SMITH, WILLIAM FARRAR (1824—1903)
• SMITH, WILLIAM HENRY (1808—1872)
• SMITH, WILLIAM HENRY (1825—1891)
• SMITH, WILLIAM ROBERTSON (1846-'894)

Smith v . Smith, 1905, 102 N.W . Rep . 631), but on remarriage of a woman to one able to support her, her former husband being in poor circumstances, it will be reduced (Kiralfy v . Kiralfy, 1901, 36 Wisc . N.S .

407) .