Alimony

wife, eccl, income, ch and ky

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5. In respect to the amount to be awarded for alimony, it depends upon a great variety of considerations and is governed by no fixed rules. 4 Gill, Md. 105; 7 Hill, N.Y. 107; 1 Green, Ch. N. J. 90; 1 Iowa, 151; 10 Ga. 477. The ability of the husband, however, is a circumstance of more importance than the necessity of the wife, especially as regards permanent alimony; and in estimating his ability his entire income will be taken into consideration, whether it is derived from his property or his personal exertions. 3 Curt. Eccl. 3, 41; 1 Rich, Eq. So. C. 282; 2 B. Monr. Ky. 370; 5 Pick. Mass. 427 ; 1 R. I. 212. But if the wife has separate property, 2 Phill. Eccl. 40; 2 Add. Eccl. 1, or derives income from her personal exertions, this will also be taken into account. The method of compu tation is, to add the wife's annual income to her husband's; consider what, under all the circumstances, should be allowed her out of the aggregate; then from the sum so deter mined deduct her separate income, and the remainder will be the annual allowance to be made her. There are various other cir cumstances, however, besides the husband's ability, to be taken into consideration : as, whether the bulk of the property came from the wife, or belonged originally to the hus band, 2 Litt. Ky. 337; 4 Humphr. Tenn. 510, or was accumulated by the joint exertions of both, subsequent to the marriage, 11 Ala. N. s. 763; 3 Ilarr. Del. 142; whether there are children to be supported and educated, and upon whom their support and education de elves, 3 Paige, Ch. N. Y. 267; 4 id. 643 ;

3 Green, Ch. N. J. 171 ; 2 Litt. Ky. 337; 10 Ga. 477; the nature and extent of the hus band's delicturn, 3 Hagg. Eccl. 657; 2 Johns Ch. N. Y. 391; 4 Des. Eq., So. C. 183; 24 N. H. 564; the demeanor and conduct of the wife towards the husband who desires cohabi tation, 7 Hill, N. Y. 207; 5 Dan. Ky. 499; 15 Ill. 145; the condition in life, place of reg. deuce, health, and employment of the hus band, as demanding a larger or smaller sum for his own support, 1 Hagg. Beel. 526, 532; the condition in life, circumstances, health, place of residence, and consequent necessary expenditures of the wife, 5 Pick, Mass. W; 4 Gill, Md. 105; 11 Ala. N. s. 763; the age of the parties, 6 Johns. Ch. N. Y. 91; 4 Gill, Md. 105 ; and whatever other circumstances may address themselves to a sound judicial discretion.

6. So far as any rule can be de duced from the decisions and practice of the courts, the proportion of the joint income to be awarded for permanent alimony is said to range from one-half to one-third, while in case of alimony pendente lite it is not usual to allow more than about one-fifth, Bishop, Marr. & D. 613; and generally a less pro portion will be allowed out of a large estate than a small one ; for, though no such rule exists in respect to permanent alimony, there may be good reasons for giving less where the question is on alimony during the suit; when the wife should live in seclusion, and wants only a comfortable subsistence. Bishop, Marr. & D. ff 603-619; 2 Phill. Eccl. 40.

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