Alimony is a legal obligation on a person to provide financial support to their spouse after divorce, but in the whole civil law provision there only is one article about it, which is article 1057 of the Civil Code provisions, and limits the definition of divorce to when the judicial divorce is made sure. It is crucial to understand how alimony should be characterized in substantive law and procedural law. Since family law was drafted in 1930, we have never corrected article 1057 of the Civil Code provisions, which excluded the application of consensual divorce alimony. Was it an intentional choice of the legislator in order to exclude consensual divorce alimony or it creates loopholes in the law? This is the point that needs to be cleared. According to the Family Proceedings Act, what type of alimony is granted during divorced by mutual agreement? This is also quite controversial. This article will start from how article 1057 of the Civil Code provisions came to be, discusses the legislative purposes of the provisions and the legal characterization for court as reference.