§ 236. Special controlling provisions; prior actions or proceedings;\nnew actions or proceedings. Except as otherwise expressly provided in\nthis section, the provisions of part A shall be controlling with respect\nto any action or proceeding commenced prior to the date on which the\nprovisions of this section as amended become effective and the\nprovisions of part B shall be controlling with respect to any action or\nproceeding commenced on or after such effective date. Any reference to\nthis section or the provisions hereof in any action, proceeding,\njudgment, order, rule or agreement shall be deemed and construed to\nrefer to either the provisions of part A or part B respectively and\nexclusively, determined as provided in this paragraph any inconsistent\nprovision of law notwithstanding.\n PART A\n PRIOR ACTIONS OR PROCEEDINGS\n Alimony, temporary and permanent. 1. Alimony. In any action or\nproceeding brought (1) during the lifetime of both parties to the\nmarriage to annul a marriage or declare the nullity of a void marriage,\nor (2) for a separation, or (3) for a divorce, the court may direct\neither spouse to provide suitably for the support of the other as, in\nthe court's discretion, justice requires, having regard to the length of\ntime of the marriage, the ability of each spouse to be self supporting,\nthe circumstances of the case and of the respective parties. Such\ndirection may require the payment of a sum or sums of money either\ndirectly to either spouse or to third persons for real and personal\nproperty and services furnished to either spouse, or for the rental of\nor mortgage amortization or interest payments, insurance, taxes, repairs\nor other carrying charges on premises occupied by either spouse, or for\nboth payments to either spouse and to such third persons. Such direction\nshall be effective as of the date of the application therefor, and any\nretroactive amount of alimony due shall be paid in one sum or periodic\nsums, as the court shall direct, taking into account any amount of\ntemporary alimony which has been paid. Such direction may be made in the\nfinal judgment in such action or proceeding, or by one or more orders\nfrom time to time before or subsequent to final judgment, or by both\nsuch order or orders and the final judgment. Such direction may be made\nnotwithstanding that the parties continue to reside in the same abode\nand notwithstanding that the court refuses to grant the relief requested\nby either spouse (1) by reason of a finding by the court that a divorce,\nannulment or judgment declaring the marriage a nullity had previously\nbeen granted to either spouse in an action in which jurisdiction over\nthe person of the other spouse was not obtained, or (2) by reason of the\nmisconduct of the other spouse, unless such misconduct would itself\nconstitute grounds for separation or divorce, or (3) by reason of a\nfailure of proof of the grounds of either spouse's action or\ncounterclaim. Any order or judgment made as in this section provided may\ncombine in one lump sum any amount payable to either spouse under this\nsection with any amount payable to either spouse under section two\nhundred forty of this chapter. Upon the application of either spouse,\nupon such notice to the other party and given in such manner as the\ncourt shall direct, the court may annul or modify any such direction,\nwhether made by order or by final judgment, or in case no such direction\nshall have been made in the final judgment may, with respect to any\njudgment of annulment or declaring the nullity of a void marriage\nrendered on or after September first, nineteen hundred forty or any\njudgment of separation or divorce whenever rendered, amend the judgment\nby inserting such direction. Subject to the provisions of section two\nhundred forty-four of this chapter, no such modification or annulment\nshall reduce or annul arrears accrued prior to the making
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