Spousal Maintenance

What is Spousal Maintenance – Family Law

This is support that you may be entitled to until your marriage or partnership is dissolved, which may require a significant amount of time. This is referred to as food. The legal obligation to provide support is derived from your marriage or civil partnership. Consequently, when that relationship terminates in divorce or dissolution, the obligation to provide support ceases.

In certain circumstances, you may be entitled to ongoing monthly financial support at the time of divorce or dissolution, dependent on the amount you received in a financial settlement. However, the legal term for this is “periodic allowance” rather than “aliment.”

It is common for the parties to attempt to reach an agreement regarding who is responsible for paying which expenses after the separation, including mortgage, rent, Council Tax, and utility bills. The current arrangements may persist for an extended period, such as the deposit of both salaries into a joint account and the execution of all Direct Debits from that account. 

However, if you are unable to reach an agreement or if one party refuses to pay, you may petition the court for an interim aliment or spousal maintenance award.   

If you have children, your ex-partner may be required to provide support for them on an individual basis. This is a distinct matter from conjugal maintenance and is addressed in our Child Maintenance section.  

When does a court mandate spousal maintenance? Scotland

One party may initiate an action in court for interim aliment as long as they are married or in a civil partnership. 

The quantity awarded will be determined by the resources of the paying party and the needs of the party seeking it.

The party seeking the aliment will be required to consider their income from all sources, including benefits. Similarly, the party being requested to pay the aliment will consider their reasonable costs and liabilities, including any sums they may have to pay for children.
It is dependent upon the judge’s assessment of what is reasonable in light of all the circumstances. The court may also consider the earning capacity of both parties, meaning that if one party is not currently employed but is capable of doing so and there are available job opportunities, the court may do so.

This method of determining the quantity of maintenance is significantly different from that employed for child maintenance, as it lacks a “formula” foundation. The reason for this is that child maintenance is evaluated by the Child Maintenance Service, a government entity. In contrast, spousal maintenance is determined by the court, which has the authority to determine the most suitable award based on the balance between needs and resources.

Duration of spousal maintenance – Family Law Solicitor 

Interim aliment, or spousal maintenance, will be provided for the duration of your marriage or civil partnership. It terminates upon the dissolution of the partnership or divorce.  Nevertheless, the amount of aliment may be adjusted before that date in the event of a material change in the circumstances of either party. For instance, if your ex loses their employment, they may request that any award be reduced.  

Typically, the divorce or dissolution will result in an equitable division of all assets between the parties. However, if these are insufficient for you or if there are minimal assets to divide, you may request an order for continuing spousal maintenance, also known as a periodical allowance, during the divorce or dissolution.

These periodical allowance judgements are typically granted by the courts for a specific duration, which may be a maximum of three years, although it may be extended. In specific instances, the courts have the authority to issue these awards, such as when:

• There are few assets to divide and/or
• Your ex-partner remains in a high-paying position, and you have never worked during the duration of the marriage. Consequently, you would now encounter significant challenges in securing employment.
• Every case is contingent upon its unique circumstances.

How is the quantity of Aliment determined?

The court determines whether it is appropriate to pay aliment and, if so, to what extent, based on the respective requirements and resources of the parties and, in general, all the circumstances of the individual case. Consequently, the party that is seeking assistance must demonstrate a necessity. For instance, this could indicate that the applicant’s income is insufficient to cover their necessary expenses. The applicant would be required to submit evidence or vouching of their income, expenditure, and resources.

The court is required to ascertain whether the other party is financially capable of paying for the aliment if a need has been established. Again, evidence or vouching must be provided if the party in question asserts that they are unable to do so (or to make the payment of the amount asserted by the applicant). The spouse who is responsible for paying will be expected to contribute only what is feasible.

The date on which payments were initiated

Frequently, individuals anticipate that payments of alimony or spousal support will be retroactively applied to the date of separation. That is not the situation. Interim aliment payments are typically not retroactive. Consequently, it is crucial to promptly seek a court order if no agreement regarding payment of aliment can be reached in the short term. The individual who requires food is the most likely to be penalised for a delay in applying.

Variation of Aliment

If circumstances have changed significantly or materially since the date of the award or agreement, an award of aliment may be reduced to zero or modified. Once again, vouching would be necessary to verify the change in circumstances.

Of course, at present, given the uncertain economic situation, there may be several applications seeking variation of aliment.  Redundancy, as well as a substantial decrease in working hours and, consequently, income, would typically constitute a substantive change in circumstances, subject to the extent of any redundancy payment received. Simultaneously, redundancy or a decrease in hours may generate a necessity for food that was not previously present.

Contact Complete Clarity 

Our expert team of Solicitors are highly trained and experienced in providing you with solutions to your family’s legal problems. We always do this in a friendly and professional manner to ensure that our clients always receive the highest quality legal counsel available. We provide a variety of family law legal services, our Glasgow office is perfectly located in the heart of Glasgow’s city centre and provides a vast array of services to corporate and individual clients in all facets of their business and personal lives. Book a Consultation today with one of our highly qualified team by calling 0141 433 2626.

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Contact our family law Solicitors – for legal advice

Our expert team of Solicitors are highly trained and experienced in providing you with solutions to your family’s legal problems. We always do this in a friendly and professional manner to ensure that our clients always receive the highest quality legal counsel available. We provide a variety of family law legal services, our Glasgow office is perfectly located in the heart of Glasgow’s city centre and provides a vast array of services to corporate and individual clients in all facets of their business and personal lives. Call today to make an appointment with one of our highly trained and experienced legal team at 0141 433 2626.