Spousal Maintenance, Scotland

Who Is Entitled To Spousal Maintenance?

Spousal maintenance is also known as spousal support or aliment. A partner can apply for spousal maintenance if the separation will lead to a dramatic change in the standard of living or if they require monthly payments to meet their necessary expenditure. Spousal maintenance is often awarded to the spouse who cannot support themselves without financial assistance.

Divorce and separation solicitors at Jones Whyte will be able to help you apply for spousal maintenance, and ensure that your needs are recognised by the courts.

Applying For Spousal Maintenance

Spousal maintenance following divorce, properly called periodical allowance is rarely awarded by the courts in Scotland. This is because the courts tend to apply a clean break principle when a relationship ends. Assets will be divided instead.

However, spousal maintenance may be awarded if there are insufficient assets to be divided or if the share doesn’t meet your needs.

If you are applying for spousal maintenance, separation lawyers from Jones Whyte will be able to help you get the payouts you need.

Calculating Spousal Maintenance

Our solicitors aim to ensure you get the spousal maintenance payments you need. However, there is no set formula for calculating this.

The calculation has to take into account what the payer can afford, as well as what the payee needs. The amount of spousal maintenance can depend on:

The court will consider all the circumstances, including the earning capacity and financial position of both parties.

Other restrictions may be included as part of the spousal maintenance order. Our divorce lawyers will be able to discuss these with you.

Time-limit to Pay Spousal Maintenance

Spousal maintenance prior to divorce is properly called spousal aliment and can only continue until divorce is granted. However, on occasions, it is still possible to obtain payments after divorce, properly called Periodical Allowance. Payment of Periodical Allowance is rare because the court adopts a clean break approach. However, the possibility of such payments is sometimes overlooked. It is important to note that spousal maintenance is different from child maintenance, which is specifically for the financial support of children.

At Jones Whyte, our family law lawyers will go through all the options for spousal maintenance with you and ensure you get the payment you require from the paying spouse.

Our experienced family law team has handled:

Contact our experienced Family Law team today.