Alimony

an allowance granted a wife out of her husband's income on account of a separation or divorce. When it appears just, the court has power to grant alimony, pending a suit for separation. At the conclusion of a suit favorable to the wife, the court may grant permanent alimony. There is no law fixing the amount of alimony; but the court is supposed to take the husband's ability to pay, and the family scale of expenditure, into account. In case of temporary alimony, a fifth of the husband's income is considered a liberal allowance, and is granted, lest otherwise the wife may have no means of bringing a just action at law. A study of decisions shows that permanent alimony is fixed frequently at from a third to a half of the husband's income, being highest where the wife assumes the maintenance of children. In case of wealth the alimony may be large, yet not reach so large a share of the defendant's income. In case of inability to pay, or want of merit on the part of the plaintiff wife, the court may at its discretion grant nominal, or even no, alimony. See Divorce