The allowance made to a wife out of her husband's estate for her suit-port, either during a matrimonial
suit or at its termination
, when she proves herself entitled to a separate maintenance
, and the fact of a marriage ls established. Alimony is an allowance out of the husband's estate, made for the support of the wife when living separate from him. It is either temporary or permanent. Code Ga. 1882, § 1736.
The allowance which is made by order of court to a woman for her support out of her husband's estate, upon being separated from him by divorce, or pending a suit for divorce. Pub. St. Mass. 1882, p. 1287. And see Bowman v. Worthington, 24 Ark. 522; Lynde v. Lynde, 64 N. J. Eq. 736, 52 Atl. 694, 58 L. R. A. 471, 97 Am. St. Rep. 692; Collins v. Collins
, 80 N. Y. 1
; Stearns v. Stearns, 66 Vt. 187, 28 Atl. 875, 44 Am. St Rep. 836; In re Spencer, 83 Cal. 460, 23 Pac. 395, 17 Am. St. Rep. 266; Adams v. Storey, 135 111. 448, 26 N. E. 582. 11 L R. A. 790, 25 Am. St Rep. 392.
By alimony we understand what is necessary for the nourishment, lodging, and support of the person who claims it. It includes education, when the person to whom the alimony is due is a minor. Civil Code La. art. 230. The term is commonly used as equally applicable to all allowances, whether annual or in gross
, made to a wife upon a decree
in divorce. Burrows v. Purple, 107 Mass. 432.
Alimony pendentelite is that ordered during the pendency
of a suit Permanent alimony
. A provision for the support and maintenance of a wife out of her husband's estate, during her life time, ordered by a court on decreeing a divorce. Odom v. Odom, 36 Ga. 320; In re Spencer, 83 Cal. 460, 23 Pac. 395, 17 Am. St Rep. 266.
The award of alimony is essentially a different thing from a division of the property of the parties. Johnson v. Johnson, 57 Kan. 343, 46 Pac. 700. It is not in Itself an "estate" in the technical sense, and therefore not the separate property
or estate of the wife. Cizek v. Cizek, 69 Neb. 797, 99 N. W. 28; Guenther v. Jacobs, 44 Wis. 354; Romaine v. Chauncey, 60 Hun, 477, 15 N. Y. Supp. 198; Lynde v. Lynde, 64 N. J. Eq. 736, 52 Atl. 694, 58 In R. A. 471, 97 Am. St. Rep. 692; Holbrook v. Comstock, 16 Gray (Mass ) 109.