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When a relationship breaks down, nobody should be left struggling financially. One party may often need financial support from the other, in particular prior to divorce. Many married couples or those who are in a civial partnership do not realise that you each have an obligation to support each other financially until you agree otherwise in writing or you divorce.
If the separation is not amicable and you can’t agree how much should be paid in support, or whether payments will be made at all, then the spouse who needs financial support can apply to the court in Scotland for an order for ‘interim aliment’ from their spouse. Interim aliment is a short term payment and is the legal term for spousal maintenance or ‘alimony’, as its known in some jurisdictions.
With the cost-of-living crisis biting harder than ever, it is becoming increasingly difficult to predict what a person realistically needs to live on in the future. There is no standardised amount of aliment that is awarded by a court in Scotland; the court will look at both spouses financial situations, in particular:
The court will decide what is a fair amount of financial support taking into account both parties’ income, their respective resources and their reasonable expenditure. Once an order is made, if there is a material change of circumstances – for either party – then it is possible to ask the court to review the order for interim aliment.
Maintenance in respect of children is dealt with separately and is regulated by the Child Maintenance Service. You don’t need to have finalised your divorce to arrange child maintenance. There are several ways that this can be agreed, but generally it is paid to the parent (by the non-resident parent) who the child lives with for most of the time.
