What is ALIMONY? Definition of ALIMONY in Black's Law Dictionary
Comes from Latin "alimonia" meaning sustenance, and means, therefore, the sustenance or support of the wife by her divorced husband and stems from the common-law right of the wife to support • by her husband. Eaton v. Davis, 176 Va. 330, 10 S.E.2d 893, 897. Derived from Latin word "alere," meaning to nourish or sustain. Allowances which husband by court order pays wife for maintenance while they are separated or after they are divorced. Merriman v. Hawbaker, D.C.Ill., 5 F.Supp. 432, 433. Or pending a suit for divorce. And see Bowman v. Worthington, 24 Ark. 522; Lynde v. Lynde, 64 N.J.Eq. 736, 52 A. 694, 58 L.R.A. 471. But in its strictlylegal sense relates to the provisions made pendente lite. Warne v. Warne, 36 S.D. 573, 156 N. W. 60, 62. Compare Emerson v. Emerson, 120 Md. 584, 87 A. 1033, 1035, holding that in the absence of statute, in case of an absolute divorce the duty to support ceases and with it the right to alimony.
Generally it is restricted to money unless otherwise authorized by statute. Lloyd v. Lloyd, 183 Ga. 751, 189S.E. 903, 904. But it may be such an allowance out of husband's estate. Davis v. Davis, 61 Okl. 275, 161 P. 190, 191. Equally applicable to all allowances, whether annual or in gross. Burrows v. Purple, 107 Mass. 432.
It may continue during the joint lives of husband and wife, or so long as they live apart. Cohen v. Cohen, Md., 174 Md. 61, 197 A. 564, 565, 566. But is essentially a different thing from a division of the property of the parties. Mesler v. Jackson, Circuit Judge, 188 Mich. 195, 154 N.W. 63, 65. Not being an "estate", nor the separate property of wife. Cizek v. Cizek, 69 Neb. 797, 99 N.W. 28.
It does not partake of nature of damages or penalty for husband's misconduct. Kennard v. Kennard, 87 N.H. 320, 179 A. 414, 419. Nor is it founded on contract, express or implied, but on husband's natural and legal duty to support wife. Smith v. Smith, D.C.N.Y., 7 F.Supp. 490, 491.
In its broad sense, it means also an award for the support of a child or children. Schafer v. Schafer, 193 N.Y.S. 43, 44, 118 Misc.Rep. 254; Brown v. Brown, 222 Mass. 415, 111 N.E. 42, 43. And it includes provision for an education. Floyd v. Floyd, 91 Fla. 910, 108 So. 896, 898.
Alimony in gross, or in a lump sum, is in the nature of a final property settlement, and hence in some jurisdictions is not included in the term "alimony," which in its strict or technical sense contemplates money payments at regular intervals. Parmly v. Parmly, 125 N.J.Eq. 545, 5 A.2d 789, 791; 27 C.J.S. Divorce, § 235, p. 965.
Alimony pendente lite is an allowance made pending a suit for divorce or separate maintenance including a reasonable allowance for preparation of the suit as well as for support. Davis v. Davis, 15 Wash.2d 297, 130 P.2d 355, 359. Or pending an appeal. Robinson v. Robinson, N.J. Err. & App., 92 A. 94, 96, L.R.A.1915B, 1071.
Permanent alimony is a provision for the support and maintenance of a wife during her lifetime. In re Spencer, 83 Cal. 460, 23 P. 395, 17 Am.St.Rep. 266.
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That's the definition of ALIMONY in Black's Law Dictionary - Courtesy of Cekhukum.com.
