Legal Definitions - estoveriis habendis

Definition: Estoveriis habendis (es-tə-veer-ee-is hə-ben-dis) is a Latin term that refers to a writ allowing a wife who has been divorced a mensa et thoro ("from bed and board") to recover alimony or estovers.

Example: In case of divorce a mensa et thoro, the law allows alimony to the wife which is that allowance, which is made to a woman for her support out of her husband's estate; being settled at the discretion of the ecclesiastical judge, on consideration of all the circumstances of the case. This is sometimes called her estovers for which, if he refuses payment, there is; (besides the ordinary process of excommunication) a writ at common lawde estoveriis habendis, in order to recover it .... It is generally proportioned to the rank and quality of the parties. But in case of elopement, and living with an adulterer, the law allows her no alimony. (1 William Blackstone, Commentaries on the Laws of England 429 (1765))

Explanation: Estoveriis habendis is a legal term that refers to a writ that allows a divorced wife to recover alimony or estovers. Alimony is an allowance made to a woman for her support out of her husband's estate, and estovers refer to the right to take wood or other materials from another's land for one's own use. The example given explains that the law allows alimony to a wife who has been divorced a mensa et thoro, but in case of elopement and living with an adulterer, the law allows her no alimony.