Alimony has been discussed in ancient legal texts

Alimony has been discussed in ancient legal texts including the Babylonian Code of Hammurabi and the Code of Justinian.[citation needed] The concept of modern alimony in the United States derives from English ecclesiastical courts that awarded alimony in cases of separation and divorce. Alimony Pendente lite was given until the divorce decree, based on the husband's duty to support the wife during a marriage that still continued. Post-divorce or permanent alimony was also based on the notion that the marriage continued, as ecclesiastical courts could only award a divorce a mensa et thora, similar to a legal separation today. As divorce did not end the marriage, the husband's duty to support his wife remained intact.

The term alimony comes from the Latin word alimōnia ("nourishment, sustenance", from alere, "to nourish"), from which also alimentary (of, or relating to food, nutrition, or digestion) and the Scots law a rule of sustenance to assure the wife's lodging, food, clothing, and other necessities after divorce.

As a result, the requirement to pay alimony became linked to the was assumed that the marriage, and the wife's right to support, would have continued but for the misbehavior of husband. Ending alimony on divorce would have permitted a guilty According to the American Bar Association, marital fault is a "factor" in awarding alimony in 25 states and the District of Columbia.[6] Permanent alimony began to fall out of favor, as it prevented former spouses from beginning new lives,[5] though in some states (e.g., Massachusetts, Mississippi, and Tennessee), permanent alimony awards continued. Alimony moved beyond support to permitting the more dependent spouse to become financially independent or to have the same standard of living as during the marriage or common law marriage, though this was not possible in most cases.