Title 19, Chapter 6, Section 3
( 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. |