Aliment Solicitors in Scotland
Aliment is the legal term for financial support that one spouse pays to the other until the divorce is finalised. This support can continue after divorce through a periodical allowance.
- Specialists in Scottish family law and divorce
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Understand the difference between support during separation and support after divorce.
In Scotland, spouses and civil partners have a duty of aliment while the marriage or civil partnership continues. Aliment is financial support intended to meet reasonable needs during separation, taking account of the parties’ resources and all the circumstances.
After divorce or dissolution, any continuing payment is called periodical allowance and is governed by different statutory principles. It is not automatic and Scottish law does not begin with an assumption of lifelong spousal maintenance.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Aliment and Spousal Support Service Include?
At Kee Solicitors, we advise on all aspects of aliment and ongoing financial support following separation. Whether you need to make a claim or are responding to one, our team provides clear guidance on your entitlements and works to reach a fair arrangement as efficiently as possible.
How aliment and periodical allowance are assessed in Scotland.
The appropriate amount of aliment depends on reasonable needs, income, earning capacity, assets, liabilities and the resources available to both parties. The court can make an interim award while a separation or divorce action is ongoing. A detailed income and expenditure picture is usually required, and the order can be varied if circumstances materially change.
Periodical allowance after divorce is available only where justified by the statutory financial provision principles. One route is intended to support adjustment to the loss of financial support for a period not exceeding three years. A different and potentially longer order can be relevant where a party would otherwise suffer serious financial hardship as a result of the divorce.
Most cases should consider support alongside the capital, property and pension settlement. A clean break may be appropriate where resources allow, but it should not be agreed without understanding immediate needs, future earning capacity and the tax and affordability of the overall package.
We act for clients seeking support and for those asked to pay it, including where an interim claim is already before the court, payments need to be varied or arrears and enforcement require advice. We provide a realistic assessment rather than relying on informal formulas.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Aliment and Spousal Support in Scotland
Common questions about aliment and financial support during separation and divorce.
How is aliment calculated in Scotland?
There is no fixed formula. The court considers reasonable needs, resources, income, earning capacity, expenditure, assets and liabilities. Evidence from both parties is required, and affordability matters.
Can aliment be changed?
Yes. An agreement or court order may be varied or brought to an end where the legal requirements are met and circumstances have changed. The wording of any existing agreement should be checked first.
Does aliment continue after divorce?
Aliment between spouses ends on divorce. A separate order for periodical allowance may be available after divorce if the statutory conditions are met. It is not automatic and is commonly time-limited.
What is the difference between aliment and child maintenance?
Spousal aliment supports a spouse or civil partner. Child maintenance or child aliment supports a child and is dealt with under separate statutory regimes. The two can exist at the same time.
Can an unmarried partner claim spousal aliment?
Cohabitants do not have the same continuing duty of aliment to one another as spouses or civil partners. They may have limited financial claims under the Family Law (Scotland) Act 2006, subject to different tests and strict time limits.
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