Maintenance and Financial Support

Spousal maintenance is the payment that stems from the obligation/duty to reasonably support a husband or wife and any children resulting from the marriage. The support given must be reasonable and factor into account the requirements and resources of both parties, the income and earning capacity of the parties and any other relevant circumstances.

In Scotland, maintenance for a spouse or civil partner is called aliment up until the point of divorce or dissolution of the civil partnership and periodical allowance afterward.

The courts are however, reluctant to grant periodical allowance as they consider a “clean break” between partners to be a more desirable conclusion, rather than having one party financially dependent on the other even after divorce or dissolution has happened. This may only be granted where there are not enough assets to allow for a “clean break” settlement; this is awarded to allow one of the parties to come to terms with a loss of support.

If you have any queries regarding the maintenance of a spouse or children, please contact our Family Law team on 01463-221727 and ask for the Court Department or alternatively, send an email.