New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 39

39 Alimony

(1) In any proceedings under this Act (other than proceedings for jactitation of marriage), the Court may make such order as it deems just and proper, having regard to the means and conduct of the parties to the marriage and all other relevant circumstances, for the payment of alimony to one party to the marriage by the other party, or for the maintenance of the children the marriage of whose parents is the subject of the proceedings, including an order in favour of a party against whom a decree in the proceedings is made.

(2) An order for alimony:

(a) pending the hearing of a petition for restitution of conjugal rights, and

(b) made before or after the commencement of the Matrimonial Causes (Amendment) Act 1958 ,

shall, if a decree is made in favour of the party in whose favour the order was made, but subject to any special terms of the order, continue in force after the time in that behalf limited by the Court for compliance with the decree until varied or revoked:
Provided that in the case of any such order made before the commencement of the Matrimonial Causes (Amendment) Act 1958 this subsection applies only where the time so limited expires after that commencement.

(3) An order for alimony:

(a) pending the hearing of a petition for judicial separation, and

(b) made before or after the commencement of the Matrimonial Causes (Amendment) Act 1958 ,

shall, if a decree is made in favour of the person in whose favour the order was made, but subject to any special terms of the order, continue in force after the decree until varied or revoked:
Provided that in the case of any such order made before the commencement of the Matrimonial Causes (Amendment) Act 1958 this subsection applies only where the decree in the suit is made after that commencement.

(4) An order for alimony:

(a) pending the hearing of a petition for dissolution of marriage, and

(b) made before or after the commencement of the Matrimonial Causes (Amendment) Act 1958 ,

shall, where that order is in force immediately before the decree nisi in the suit is made absolute, but subject to any special terms of the order, continue in force after the decree absolute until varied or revoked:
Provided that in the case of any such order made before the commencement of the Matrimonial Causes (Amendment) Act 1958 this subsection applies only where the decree nisi is made absolute after that commencement.

(5) An order for the maintenance of a child:

(a) pending the hearing of a petition for restitution of conjugal rights, judicial separation, dissolution of marriage or nullity of marriage, and

(b) made before or after the commencement of the Matrimonial Causes (Amendment) Act 1958 ,

shall, subject to any special terms of the order, but in so far only as it relates to the maintenance of the child, continue in force:

(i) in a case of restitution of conjugal rights-after the time in that behalf limited by the Court for compliance with the decree in the suit until varied or revoked,

(ii) in any other case-after the final decree or decree absolute in the suit until varied or revoked:

Provided that in the case of any such order made before the commencement of the Matrimonial Causes (Amendment) Act 1958 this subsection applies only where:

(i) in a case of restitution of conjugal rights-the time so limited expires after that commencement,

(ii) in any other case-the final decree or decree absolute is made after that commencement.

Nothing in this subsection affects the operation of subsection two, three or four of this section.