Alimony Act

CHAPTER 10

OF THE

REVISED STATUTES, 1989

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An Act Respecting Alimony

Short title

1 This Act may be cited as the Alimony Act. R.S., c. 10, s. 1.

Order for alimony

2 The Supreme Court and any judge thereof shall have jurisdiction to grant alimony to any wife who would be entitled to alimony by the law of England, or to any wife who would be entitled by the law of England to a divorce and to alimony as incident thereto, or to any wife whose husband lives separate from her without any sufficient cause and under circumstances which would entitle her by the law of England to a decree for restitution of conjugal rights, or to any wife who is entitled to live apart from her husband by reason of his cruelty, and alimony when granted shall continue until the further order of the Court. R.S., c. 10, s. 2.

Registration

3 An order or judgment for alimony may be registered in the registry of any district in the Province, and the registration thereof shall, so long as the order or judgment registered remains in force, bind and be a charge upon the estate and interest of every description which the defendant has in any lands in the county or counties wherein the registration is made, whether the lands were acquired before or after the registering of the order or judgment. R.S., c. 10, s. 3.

Execution and sale

4 Any person to whom alimony is granted shall have the right to issue execution therefor and, after an order or judgment for such alimony has been registered, to sell the defendants lands under such execution. R.S., c. 10, s. 4.

Sale of Land under Execution Act

5 A person to whom alimony has been granted shall be deemed a judgment creditor and the person against whom such has been granted a judgment debtor, within the meaning given to same by the Sale of Land under Execution Act, and said Act is hereby made applicable in all respects for the enforcement of any order or judgment for alimony, with the exception that it shall not be necessary to register the order or judgment for any period of time before the person shall be entitled to sell the defendants lands, and the sheriff shall proceed to sell the lands in accordance with the procedure set forth in said Act as soon as he receives an execution issued upon an order or judgment for alimony, notwithstanding that the order or judgment has not been registered for one year. R.S., c. 10, s. 5.

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