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October 13, 2020 By Lesley Gordon

Can I ask my spouse for financial support if we decide to separate?

If you and your spouse are considering separating, you will no doubt be thinking about your future finances. This can cause a lot of anxiety particularly if you have been financially dependent on your partner over the course of your marriage and you may be concerned about how you will support yourself going forward.

white piggy banksThis fear has been heightened for a lot of people given the economic impact the recent pandemic has had on many people.

In Scotland, there are two different forms of spousal aliment depending on whether or not you are still married to your ex-partner.

Spousal Aliment

Under Scots law, if you are married or in a civil partnership, both you and your partner have a legal obligation to support each other financially. This is known as spousal aliment. It applies for as long as the parties are married and continues after the couple have separated until the date they become divorced.

In order to determine whether one party should pay aliment to their spouse or civil partner you must consider the needs and resources of both parties. In practice, this is done by both parties producing a schedule containing details of their income together with their expenditure. Only if one party has a monthly deficit, and the other party has a monthly surplus, will a payment of spousal aliment be due.

When determining whether spousal aliment should be paid by either party, the law also requires you to consider the earning capacity of each of the parties together with, more generally, the circumstances of the case. In Scotland, it is common for the financially stronger party to pay aliment to their ex-partner until an overall agreement has been reached.

Periodical Allowance

After you and your ex-partner are divorced, neither you nor your partner have a duty to one another in terms of spousal aliment. Instead, if there is to be any maintenance between the parties, it is known as periodical allowance.

Once a divorce, or dissolution of a civil partnership, has been granted, Scots law aims to provide a clean break between the parties. This means that, as far as possible, there should be no ongoing financial ties between the parties after they are divorced. To that end the court will only consider periodical allowance if alternative options are insufficient to allow the financially weaker partner to adjust to their new circumstances. It is also important to note that, unless there are exceptional circumstances in your case, the court can only award periodical allowance up to a maximum of three years after divorce.

It is best practice to try to reach an agreement with your ex-partner as far as possible. This can be done directly between you if you feel comfortable in doing so or with the involvement of your respective solicitors. In any event, once an agreement has been reached, you should contact your family law solicitor in order to have the agreement put into writing. This will provide certainty and security to both parties going forward as once your agreement has been signed it becomes a legally binding document.

If you and your ex-partner are unable to reach an agreement there is of course the option of raising a court action and asking either a Sheriff or a Judge to determine the issues in dispute. However, this is not only time consuming and expensive, but it is also stressful and is it is not conducive to any future relationship you may have with your ex-partner.

Prior to considering whether a court action is necessary, you should also consider the other types of dispute resolution methods available to you. At BTO Solicitors our team are trained in mediation, collaboration and arbitration. If you wish to discuss your entitlement to spousal aliment, periodical allowance and the most appropriate dispute resolution method for your circumstances, please contact a member of our family law team.

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Filed Under: Finances, Separation and Divorce Tagged With: finances on divorce, finances on separation, periodical allowance, spousal aliment

Lesley Gordon

Lesley is a Partner at BTO Solicitors LLP. Accredited as a Specialist in Family Law by the Law Society of Scotland, Experienced Collaborative Practitioner, and Accredited Family Law Arbitrator. Read Lesley's professional biography

What our clients say

I would like to thank my exceptional Scottish team

My dear legal team! I have been writing this letter of thanks in my head since about two months ago, and didn’t know it would take a bit longer than expected to actually be able to express my deep gratitude to you ALL for winning this tough and enduring process for me……I would like to… Read more “I would like to thank my exceptional Scottish team”

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Efficient and smooth service

Debbie, could I take this opportunity to thank you for the efficient and smooth service you have provided, and particularly, in our first meeting when you listened to my concerns and really helped explain things and put my mind at ease.

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I have come out of the process a much stronger person

I would have no hesitation recommending Lesley Gordon to anyone I know who needs the services of a divorce lawyer. It was a very positive experience all things considered and I have come out of the process a much stronger person thanks to Lesley.

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Help during this extremely difficult time

Debbie, I would just like to thank you for your help during this extremely difficult time. I really appreciate it.

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Such a lovely welcoming manner

Beverley, just wanted to say thanks so much for your fertility law training session provided for the group last night! It was super helpful and everyone really appreciated it. You have such a lovely welcoming manner which I think really helped people feel comfortable to ask questions.

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Guiding me through a difficult time

Lesley, I would like to take this opportunity to thank you for your professionalism. Guiding me through a difficult time, also your understanding and empathy as to my personal situation. I would not hesitate in recommending your services to others.

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You have smoothed the pathway with your efficiency

Amanda…May I take this opportunity to thank you for your help in these matters. Although I am a resilient person, it has not been easy, but you have smoothed the pathway with your efficiency…

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I am eternally grateful

I am in no doubt I have made the correct choice by having BTO Solicitors represent me in such a difficult time. I am under no illusion you and your team will continue to do the best for me in future. Many many thanks for today. I am eternally grateful.

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Great service

Beverley thank you so much for all your hard work and making things run as smoothly as possible. Great service.

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Highly professional and excellent services

Debbie, I would like to express my sincere gratitude for the highly professional and excellent services I received from yourself and your team.

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After all these years I’m finally free

Thank you so so much Amanda. Actually there’s no words to thank you. I feel great. After all these years I’m finally free. Thank you.

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Our anxieties were greatly alleviated

Lesley, thank you so much for all your help. It turned out to be a very uncomplicated matter in the end and probably not the most interesting for you. However our anxieties were greatly alleviated with your advice and work

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Wonderful job

I would like to thank you Lesley again for the wonderful job you and your team did for me at a very difficult time in my life.

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An Excellent Lawyer…

Beverley thanks for all your assistance with everything. It’s much appreciated and rest assured should I ever need an excellent lawyer in the future you will be the first to be called.

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I still get to see my kids 3 times a week

Just wanted to say a huge thank you for your help and representation today. It’s such a relief to hear that I still get to see my kids 3 times a week. Also last but by no means least can you pass on my profound gratitude to Counsel who was a star !!!!

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Very approachable manner

Many thanks Marjory for your very approachable manner during our meetings.

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Thanks for all the expert guidance through a trying situation

Hi Marjory, my daughter and her son are doing great. Everything seems to have calmed down. She and her husband finished the mediation process after a couple of visits as they both felt they had to step up to the mark for their son’s sake not for personal reasons. Once again thanks for all the… Read more “Thanks for all the expert guidance through a trying situation”

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I will definitely recommend you…

Hi Marjory, thanks again for being an absolute joy to work with during this unknown and nerve-wracking process. You made me feel calm and reassured throughout (not an easy task). I will definitely recommend you to anyone else looking for representation.

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We would not have managed this without you

Marjory, I think we can all honestly say that we would not have managed this without you, truly you have been an absolute star and we are all very thankful.

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I would recommend you to anyone

Hi Marjory and Keira, I just want to thank you both for taking me through this terrible time in my life. I have learned a lot in the past 3 years with dealing with BTO and I would recommend you to anyone as you have been very fair and honest with all parties concerned.

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My recent collaborative process

Dear Marjory, I just wanted to say a huge thanks for all your help, advice and counsel throughout my recent collaborative process. You definitely made a difficult process easier for me. Thank you.

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Help guiding us through a very stressful time

I would like to thank you again for all your work and help guiding us through a very stressful time.

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Things have been finalised in about twelve weeks

Amanda, many thanks for seeing all this through for me. I cannot believe that after the best part of two and a half years of frustration (pre BTO), things have been finalised in about twelve weeks.

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Splendid work Marjory

Splendid work Marjory, it has been a treat to use BTO and your services.

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Always appreciated being able to rely fully on you and the team

Amanda and Lesley, thank you to you both for all your help, now and during last year, and, as I said before, I have always appreciated being able to rely fully on you and the team at all times. Obviously, a very sad time for me but I am relieved that it is at an… Read more “Always appreciated being able to rely fully on you and the team”

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I left the offices empowered and liberated

Just wanted to say huge thank you to Lesley Gordon. I left the offices empowered and liberated. Not sure any psychologist would have done a better job! On top of her real job.

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Their service and support has been excellent

After quite a complex case, I can say that their service and support has been excellent.

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Highly professional and meticulous in detail

Highly professional and meticulous in detail. No shortcuts or compromises involved, ensuring all eventualities were covered and underwritten with third-party expertise where appropriate.

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From our first meeting, I felt confident…

Hi Debbie, I wanted to take this opportunity to pass on my gratitude to you for getting me through this. From our first meeting, I felt confident and assured to be in your safe hands and that never changed during the last 18 months. Whilst it is a great relief to have this finished I… Read more “From our first meeting, I felt confident…”

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Your advice has been incredibly helpful

Beverley thank you for everything you’ve done regarding my case and for your assistance in getting the many issues resolved and matters concluded. Your advice has been incredibly helpful and greatly appreciated. Should I require any further assistance, I will be in touch.

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Excellent communications and support

Many thanks for your recent work related to my divorce…..I would particularly like to thank Amanda Richardson for her excellent communications and support.

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Risk assessed everything

They explained everything to me very clearly and we looked at every permutation and possible outcome and risk assessed everything.

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Forever I will be grateful…

Marjory, forever I will be grateful and thankful to you for all the hard work you did for me and my family. Thank you very much again and again. I am so very blessed in life that I found a lovely understanding person like you. Not many lawyers would say go and have a cup… Read more “Forever I will be grateful…”

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I came out of your offices feeling great!

Marjory, thank you for a really positive meeting on Friday. I feel things are a lot clearer in my head – I came out of your offices feeling great!

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I won’t hesitate to put them in touch with you

Looking back I wish my ex-wife and I would have gone down the collaborative divorce path but as you know she chose a very different way which ended up being most certainly a longer, more stressful and more expensive path for both of us. Should I ever hear of anyone whose marriage has reached that… Read more “I won’t hesitate to put them in touch with you”

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Thank you for your professionalism and talent

Thanks Debbie, as always, for your professionalism and talent, it has been a pleasure.

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Approachable and sensitive manner

Marjory, thank you very much for your very approachable and sensitive manner during our meetings.

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I certainly feel like a weight has been lifted off my shoulders

Marjory, I just wanted to say thanks very much for your help right throughout the case. Lately, the ad hoc support has been invaluable and given me the confidence to keep representing myself and not feel pushed into agreeing something I’m not comfortable with. I appreciate how difficult it must be to provide support when… Read more “I certainly feel like a weight has been lifted off my shoulders”

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Outstanding job…

Marjory… you are doing an outstanding job… Thanks again for your support and expertise in helping me navigate through this horrible situation. I really appreciate it.

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Financial knowledge and gravitas

Lesley has financial knowledge and gravitas. I think she is faultless.

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I was very pleased with how things went today

Hi Beverley – I would just like to email you to thank you for your services today and commend you on doing a stellar job. I was very pleased with how things went today. The level of professionalism you showed was much to my satisfaction and greatly appreciated. I felt very relaxed at having you… Read more “I was very pleased with how things went today”

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All starting to come together…

Thanks Marjory, it’s all starting to come together.. thanks to you…:)

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Other BTO Services for Individuals

Other BTO Services

Visit the BTO Personal site for Wills, Succession Planning and Estate Management. The BTO Employment team can help with any employment law issue you may be facing and lastly the BTO Residential team can help with conveyancing and buying or selling property.

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