Title 19, Chapter 6, Section 1
( 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. |