Chapter CXI: Act 1890: was passed and the reconstruction commenced in (17)

ALIMONY (from Lat. afere, to nourish), in law the allowance for maintenance to which a wife is entitled out of her husband's estate for her support on a decree for judicial separation or for the dissolution of the marriage. Though, as a rule, payable to a wife, it may, if the circumstances of the case warrant it, be payable by the wife to the husband. Alimony is of two kinds, (a) temporary (pendente lite), and (b) permanent. Temporary alimony, or alimony pending suit, is the 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 English practice is to allot as temporary alimony about one-fifth of the husband's net income; where it appears that the husband has no means or is in insolvent circumstances, the court will refuse to allot temporary alimony. So where the wife is supporting herself by her own earnings, this fact will be taken into 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 independent of her husband. Permanent alimony is that which is allotted to the wife after final decree. By the Matrimonial Causes Act 1907, the court may, if it think fit, on any decree for dissolution or nullity of marriage, order that the husband shall, to the satisfaction of the court, secure to the wife such a gross sum of money or such annual sum of money for any term not exceeding her life, as having regard to her fortune (if any), to the ability of her husband, and to the conduct of the parties, it may deem reasonable. The court may suspend the pronouncing of its decree until a proper deed or instrument has been executed by all necessary parties. The court may also make an order on the husband for payment to the wife during their joint lives of a reasonable monthly or weekly sum for her maintenance; the court may also at any time discharge, modify, suspend or increase the order according to the altered means of the husband; the court has also power to make provision for children. Alimony is paid 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 kind of alimony the allowance of a reasonable weekly sum not exceeding L. 2 which in England, under the Summary Jurisdiction (Married Women)