Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VII · Matters Incidental to Matrimonial Proceedings
77. Power for court to order maintenance of spouse
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A court may order a man to maintain his wife or former wife during marriage proceedings, on or after divorce or judicial separation, or if she is found alive after being presumed dead. It may order a woman to maintain her husband or former husband if illness or injury limits his earning and her means make this reasonable.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
The court may order a man to pay maintenance to his wife or former wife—
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
during the course of any matrimonial proceedings;
when granting or subsequent to the grant of a decree of divorce or judicial separation;
if, after a decree declaring her presumed to be dead, she is found to be alive.
The court shall have the corresponding power to order a woman to pay maintenance to her husband or former husband where he is incapacitated, wholly or partially, from earning a livelihood by reason of mental or physical injury or ill-health, and the court is satisfied that having regard to her means it is reasonable so to order.