Section 121

Subject to subsection (3), arrears of unsecured maintenance, whether payable by arrangement or under an order of court, are recoverable as a debt from the defaulter and, where they accrued due before the making of a bankruptcy order against the defaulter, are provable in the defaulter’s bankruptcy and, where they accrued due before the defaulter’s death, are a debt due from the defaulter’s estate.

Subject to subsection (3), arrears of unsecured maintenance which accrued due before the death of the person entitled thereto are recoverable as a debt by the legal personal representatives of such person.

No amount owing as maintenance is recoverable in any suit if it accrued due more than 3 years before the institution of the suit unless the court, under special circumstances, otherwise allows.