Separate Maintenance - Law Dictionary Search Results
Home Dictionary Name: separate maintenanceseparate maintenance
separate maintenance : maintenance paid (as by court order) from one spouse to another during separation [entitlement to separate maintenance does not extend to the division of marital assets "Kennedy v. Kennedy, 662 So. 2d 179 (1995)"] ...
Alimony
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 ...
alimony
alimony [Latin alimonia sustenance, from alere to nourish] 1 : an allowance made to one spouse by the other for support pending or after legal separation or divorce compare child support alimony in gross : lump sum alimony in this entry alimony pen·den·te li·te [-pen-den-tē-lī-tē, -pen-den-tā-lē-tā] : alimony granted pending a suit for divorce or separation that includes a reasonable allowance for the prosecution of the suit called also temporary alimony lump sum alimony : alimony awarded after divorce that is a specific vested amount not subject to change called also alimony in gross per·ma·nent alimony : alimony awarded after divorce which consists of payments at regular intervals that may change in amount or terminate (as upon the payee's remarriage) tem·po·rary alimony : alimony pendente lite in this entry 2 : means of living, support, or maintenance [fathers and mothers owe to their illegitimate children ...
Judicial separation
Judicial separation, granted either to husband or wife on the ground of adultery, cruelty, rape, sodomy, bestiality, non-compliance with a decree for restitution of conjugal rights, or desertion without cause for two years and upwards [(English) Judicature Act, 1925, s. 185]; also by justices, under the Married Women (Maintenance) Acts, 1895 to 1925, to the wife, on the conviction of the husband of aggravated assault, or on the ground of persistent cruelty, forcing her to live apart from him, or on the ground of his being an habitual drunkard [(English) Licensing Act, 1902,s. 5]; and relief can also be obtained by a husband where the wife is an habitual drunkard (ibid.). Under Maintenance Acts the husband can be ordered to make weekly payments to his wife, which can be enforced by imprisonment [R. v. Richardson, (1909) 2 KB 851], but her judgment creditor cannot obtain equitable execution by the appointment of a receiver of such payments, Paquine v. Snary, (1909) 1 KB 688. See also Sum...
spousal support or maintenance
spousal support or maintenance Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called alimony. ...
Maintenance-effect on divorce
Maintenance-effect on divorce, if there is no specific provision to the contrary, nothing that there is in the Code of Criminal Procedure will affect any special provision in force, or in other words there being nothing to the contrary the provisions of s. 188 of the Code of Criminal Procedure will have no effect on s. 44 of Divorce Act, James Fredrick Rowland v. M/s. Raynah Rowland Nee Glover, AIR 1959 Cal 703....
legal separation
legal separation : a separation of spouses which does not involve a dissolution of the marriage but in which certain arrangements (as for maintenance and custody) are ordered by the court called also divorce a mensa et thoro judicial separation separation from bed and board ...
separated
separated : being in a state of estrangement between spouses usually requiring the maintenance of separate residences and the intent to live apart permanently : being in a state of separation [has been for a year] ...
gross income
gross income : all income derived from any source except for items specifically excluded by law NOTE: Section 61 of the Internal Revenue Code lists fifteen nonexclusive items that should be included in gross income. They are (1) compensation for services, including fringe benefits and commissions; (2) gross income derived from business; (3) gains derived from dealings in property; (4) interest; (5) rents; (6) royalties; (7) dividends; (8) alimony and separate maintenance payments; (9) annuities; (10) income from life insurance and contracts for endowment insurance; (11) pensions; (12) income from discharge of a debt; (13) distributive share of partnership gross income; (14) income received (as by an estate or heir) by reason of a person's death; and (15) income from an interest in an estate or trust. ...
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
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