19-6-1.
(a) Alimony is an allowance out of one party´s
estate, made for the support of the other party when living separately. It is
either temporary or permanent.
(b) A party shall not be entitled to alimony if
it is established by a preponderance of the evidence that the separation
between the parties was caused by that party´s
adultery or desertion. In all cases in which alimony is sought, the court shall
receive evidence of the factual cause of the separation even though one or both
of the parties may also seek a divorce, regardless of the grounds upon which a
divorce is sought or granted by the court.
(c) In all other cases in which alimony is
sought, alimony is authorized, but is not required, to be awarded to either
party in accordance with the needs of the party and the ability of the other
party to pay. In determining whether or not to grant alimony, the court shall
consider evidence of the conduct of each party toward the other.
(d) Should either party die prior to the court´s order on the issue of alimony, any rights of the
other party to alimony shall survive and be a lien upon the estate of the
deceased party.
(e) Pending final determination by the court of
the right of either party to alimony, neither party shall make any substantial
change in the assets of the party´s estate except in
the course of ordinary business affairs and except for bona fide transfers for
value.
19-6-3.
(a) Whenever an action for divorce or for
permanent alimony is pending, either party may apply at any time to the
presiding judge of the court in which the same is pending, by petition, for an
order granting the party temporary alimony pending the issuance of a final
judgment in the case. After hearing both parties and the evidence as to all the
circumstances of the parties and as to the fact of marriage, the court shall
grant an order allowing such temporary alimony, including expenses of
litigation, as the condition of the parties and the facts of the case may
justify.
(b) In arriving at a decision, the judge shall
consider the peculiar necessities created for each party by the pending
litigation and any evidence of a separate estate owned by either party. If the
separate estate of the party seeking alimony is ample as compared with that of
the other party, temporary alimony may be refused.
(c) At a hearing on the application for temporary
alimony, the merits of the case are not in issue; however, the judge, in fixing
the amount of alimony, may inquire into the cause and circumstances of the
separation rendering the alimony necessary and in his discretion may refuse it
altogether.
(d) On application, an order allowing temporary
alimony shall be subject to revision by the court at any time and may be
enforced either by writ of fieri facias
or by attachment for contempt.
(e) A failure to comply with the order allowing
temporary alimony shall not deprive a party of the right either to prosecute or
to defend the case.
19-6-4.
(a) Permanent alimony may be granted in the
following cases:
(1) In cases of divorce;
(2) In cases of voluntary separation; or
(3) Where one spouse, against the will of that
spouse, is abandoned or driven off by the other spouse.
(b) A grant of permanent alimony may be enforced
either by writ of fieri facias
or by attachment for contempt.
19-6-5.
(a) The finder of fact
may grant permanent alimony to either party, either from the corpus of the
estate or otherwise. The following shall be considered in determining the
amount of alimony, if any, to be awarded:
(1) The standard of living established during
the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional
condition of both parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for
either party to acquire sufficient education or training to enable him to find
appropriate employment;
(6) The contribution of each party to the
marriage, including, but not limited to, services rendered in homemaking, child
care, education, and career building of the other party;
(7) The condition of the parties, including the
separate estate, earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court
deems equitable and proper.
(b) All obligations for permanent alimony,
however created, the time for performance of which has not arrived, shall
terminate upon remarriage of the party to whom the obligations are owed unless
otherwise provided.
19-6-6.
(a) When permanent
alimony is granted, the party liable for alimony shall cease to be liable for
any debt or contract of the former spouse of the liable party.
(b) Upon the grant of permanent alimony, the
property of the liable party set apart for the support of the former spouse
shall not be subject to the liable party´s debts or
contracts as long as the former spouse of the liable party shall live.
19-6-10.
When spouses are living separately or in a bona
fide state of separation and there is no action for divorce pending, either
party, on the party´s own behalf or on the behalf of
the minor children in the party´s custody, if any,
may institute a proceeding by petition, setting forth fully the party´s case. Upon three days´ notice to the other party,
the judge may hear the same and may grant such order as he might grant were it
based on a pending petition for divorce, to be enforced in the same manner,
together with any other remedy applicable in equity, such as appointing a
receiver and the like. Should the petition proceed to a hearing before a jury,
the jury may render a verdict which shall provide the factual basis for
equitable relief as in Code Section 19-6-9. However, such proceeding shall be
held in abeyance when a petition for divorce is filed bona fide by either party
and the judge presiding has made his order on the motion for alimony. When so
made, the order shall be a substitute for the aforesaid decree in equity as
long as the petition is pending and is not finally disposed of on the merits.
19-6-12.
The subsequent voluntary cohabitation of
spouses, where there has been no total divorce between them, shall annul and
set aside all provision made either by deed or decree for permanent alimony;
provided, however, that the rights of children under any deed of separation or
voluntary provision or decree for alimony shall not be affected by such
subsequent voluntary cohabitation of the spouses
19-6-14.
Pending a final judgment in an action for divorce, the judge
presiding may grant as alimony a sum sufficient for the support of the children
of the parties. The judge may also hear and determine who shall be entitled to
the care and custody of the children until the final judgment in the case. If a
sum is awarded for the support of the children, the party who is required to
pay the support shall not be liable to third persons for necessaries furnished
to the children.
19-6-22.
Where a petition authorized by subsection (a) of
Code Section 19-6-19 is filed by a party obligated to pay alimony, the court
may require the party to pay the reasonable expenses of litigation as may be
incurred by the party´s former spouse, either on
behalf of the former spouse, or the child or children, or both, in defense
thereof.