When divorcing, there is likely to be a lot of change in your life and it can be difficult to know what is best to do. Sometimes, a clean break isn't going to work and spousal maintenance payments are needed - but what are these and do you have to pay them?
If you have questions about spousal maintenance payments, contact our team on 0141 404 6575 and we can guide you through the process.
Spousal maintenance, also known as an aliment, is the formal payment from one person to another or to children of a marriage or civil partnership. At separation, one spouse can pursue an aliment from the other, and if this cannot be agreed or encompassed in a separation agreement, court action can be taken. During this period, interim payments can be ordered by the court until a final decision is made.
When making a decision, the court looks at whether the spouse claiming aliment needs the financial assistance, and if the spouse paying it, can afford to do so. You will need to provide the court with a written statement laying out your financial circumstances, which include:
The court will look at all the circumstances of the case before deciding whether aliment should be awarded, including all the money available from both parties, and will also take into account the earning capacity of the spouse being asked to pay. This is particularly helpful where one spouse is in receipt of a low income but has substantial assets. For example, where there is a lucrative business. However, the spouse who will be paying the aliment will only be expected to pay what they can afford.
If interim aliment payments are awarded by the court, it is not generally backdated to the point of separation, but rather begins from the date of the order. Both interim and final aliment awards can be varied or reduced to zero if there has been a significant change in circumstances, whether that is the spouse paying or the spouse receiving, since the date of the order or agreement. Redundancy or a considerable reduction in working hours, and therefore income, are likely to amount to a material change and may even create a need for aliment where previously there was no such requirement.
Once the divorce is final, aliment ceases, although it can end earlier if both parties agree.
In some cases, the spouse in receipt of aliment can may be entitled to regular financial support payments from their spouse, although this is referred to as ‘periodical allowance’. This is a type of aliment that endures after divorce/dissolution and can be paid for up to three years after the marriage ends.
Agreements for aliment typically record that interest accrues for any non-payment from the date it is due until payment. Court orders tend to contain similar provisions. If an agreement is registered at the Registers of Scotland, or a court order is awarded, then a spouse is not required to return to court to enforce non-payment of aliment.
Full powers of enforcement are available for non-payment of a debt, and this can be anything from an arrestment of earnings to civil imprisonment. This is rare, but is, at least theoretically, possible.
If you are looking for advice about divorce and spousal maintenance payments, don't hesitate to contact our dedicated team. We are experts on providing you personal yet a professional service, supporting you and your family's needs.
Contact us today to find out more about how we can help you.