In this chapter we are going to see in the phase of law what

relation non-support has to the claim of divorce by wife and how each

state in the Union treats the husband in case of the failure to maintain

his wife.

19 Corpus Juris published in 1920 says as follows:

Nonsupport of Wife - a.

In General. In the absenve of statute the

non-support of a wife is not ground for divorce. In many states, however, a divorce, either absolute or limited, is authorized where the husband wilfully refuses or neglects to provide suitable maintenance for the wife, usually for a prescribed time. A husband is not bound to support his wife if she abandons him without just cause, or where the parties separate and remain apart by mutual consent and the husband is never requested to contribute to the support of the absent members of his family or refuses to In New York, a separation agreement not providing for the support of a wife is void, as a married woman cannot contract to relieve her husband of his liability to support her; but where a wife voluntarily leaves her husband after a separation agreement and does not offer to return but refuses to do so, she is not entitled to a separation on the ground of

do so.

non-support.

1

Mack, W. and Hale, W. B. (editors). 19 Corpus Juris, pp.71-73.

sufficiency of the maintenance or support furnished by the husband depends upon the condition and social rank of the parties and is to be determined in each case by the peculiar circumstances thereof. The failure of a husband to give his wife money is not of itself failure to support.

(2) Wilfullness and Wantonness. Some statutes provide that the refusal or neglect to support in order to constitute ground for divorce must be gross or wanton and cruel, and under these statutes simple neglect or refusal to support is not sufficient to justify a decree, at least in the absence of any subsequent injury to the wife's health or any reasonable apprehension thereof.

(3) Ability of Husband. Non-support of a wife is not a cause for divorce where the husband has no ability to support her. Accordingly, if the non-support results from his imprisonment for crime, it is not ground for divorce. The terms "ability" or "pecuniary ability" as used in the statute have generally been held to mean the ability to provide for a wife, either from labor or from property rather than from property alone, and hence where a husband who has sufficient mental and physical ability to support his wife fails to do so by reason of his neglect or indifference, the wife is entitled to a divorce on the ground of non-support, although the statute provides that the failure to support must be gross or wanton and cruel; but there is some authority to the contrary.

(4) Ability of Wife. The general rule is that a wife is entitled to a divorce for the failure of the husband to make suitable provision for his family notwithstanding she is able to maintain herself. In some jurisdictions, however, where the earnings of both husband and wife are community property, the control of which belongs to the husband, where the earnings