Alimony [fr. alimonia. Lat.], the allowance made to a wife out of her husband's estate for her support, either during a matrimonial suit or at its termination, when she proves herself entitled to a separate maintenance, and the fact of a marriage is established. But she is not entitled to it if she elope with an adulterer, or wilfully leave her husband without any just cause for so doing.
It is of two kinds: (a) In causes between husband and wife. The husband is obliged to allow his wife alimony during the suit, and this whether the suit be commenced by or against him, and whatever its nature may be. It is usually such a sum as will provide the wife with one-fifth of the joint incomes, and will be reduced according to fluctuations of income. The wife may apply for an increase of his means have improved. (b) Permanent alimony, which is allotted to a wife after final decree. Alimony is within the exclusive jurisdiction of the Probate and Divorce Division. The Court may direct its payment either to the wife herself or to a trustee on her behalf. The (English) Judicature Act, 1925 (15 & 16 Geo. 5, c. 49), s. 190, provides that on any decree for dissolution or nullity of marriage, the Court may order the husband to secure to the wife such gross sum or such annual sum for any term not exceeding her life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it may deem reasonable, and for that purpose may refer the matter to one of the conveyancing counsel of the Court to settle a proper deed to be executed by all necessary parties, and the Court may suspend pronouncing its decree until such deed shall have been executed.
The court may order monthly or weekly payments, and may discharge the order, or increase, modify, or temporarily suspend the payments. In default of agreement it is usually one-third of the joint incomes for the wife alone, further provision being made if she has to support a child of the marriage. See Browne and Latey, or Dixon on Divorce; and as to allowance of a reasonable weekly sum, not exceeding 2l., by a Court of Summary Jurisdiction to a wife forced by cruelty to leave her husband or deserted by him, see the Married Women (Maintenance) Acts, 1895 and 1920, and Stone's Hustices Manual. The same practice and principles as apply in the High Court will govern the allotment of such alimony, Cobb v. Cobb, 1900 P. 294.