Making ends meet in a new life chapter

Family lawyers often meet concerned clients who are worried about how they will get by financially when they separate. When marriages and civil partnerships break down, it is not uncommon for one spouse or civil partner to require ongoing financial support from the other following separation, particularly when they have been financially dependent to a significant degree on the other.  

What support am I entitled to?

With ever rising costs of living, the issue of spousal support following separation, known as ‘spousal aliment’, has become a more prominent issue. The Family Law (Scotland) Act 1985 provides that spouses owe a legal obligation of aliment to one another, both during the marriage and following separation. Aliment and interim aliment can be payable from separation until an overall financial settlement has been agreed upon or until divorce. Obligations of aliment and interim aliment are based on needs and resources, earning capacities and generally all the circumstances of the case. 

How much would I be entitled to?

The amount of aliment should be sufficient to meet regular monthly expenditure but must also be reasonable having regard to the income and
other resources of both spouses. The amount of aliment can be agreed mutually or negotiated through Solicitors. It is always advisable to have aliment documented in a written Agreement to make the obligation legally binding. That Agreement can include a mechanism for variation of the amount payable if there is a material change in circumstances, such as a significant change in income. Some spouses do require to go to Court to have the judge determine what amount of aliment, if any, should be paid. There are no set amounts of aliment prescribed by law nor are there limitations on the Court when making an order for aliment.  

What happens after divorce?

After divorce, neither spouse has a duty to pay spousal aliment. Instead, if there is to be any maintenance between the parties, it is known as periodical allowance. Scots law places emphasis on a ‘clean break’ after divorce. As a result, periodical allowance will generally only be considered if the capital settlement is not sufficient to allow the financially weaker spouse to adjust to their new life post-divorce. In Scotland, payments of periodical allowance are normally limited to no more than three years, unless one party is likely to suffer severe financial hardship.

Financial support in relation to the children is a separate matter and can either be dealt with by the Child Maintenance Service, by agreement between parents or by the courts (in limited circumstances). If you believe you may be entitled to aliment or interim aliment, it is important that you contact a solicitor as early as possible in the separation process to ensure you receive all the financial support you are entitled to.  

Offices throughout the city and shire.
Tel: 0333 044 333  
Email: ask@acandco.com  
acandco.com