When a marriage or civil partnership ends, one of the key financial issues to consider is whether either party is entitled to spousal maintenance – a form of ongoing financial support paid by one spouse or civil partner to the other. At Gibson Kerr, we provide expert advice on your rights and obligations around spousal maintenance, helping you achieve a fair and secure financial future after separation.
What is Spousal Maintenance?
Spousal maintenance – sometimes called aliment during separation – is a payment made by one party to help support the other financially, either on a short-term or longer-term basis. It is entirely separate from child maintenance, which is a legal obligation to support children. Spousal maintenance is intended to assist a financially weaker spouse in meeting reasonable needs where there is a disparity in income or financial resources.
When is it Payable?
In Scotland, spousal maintenance may be payable in two key situations:
- During Separation (Aliment)
While spouses or civil partners are still legally married or in a civil partnership but are no longer living together, one party may be entitled to maintenance known as aliment. This support can continue until the divorce or dissolution is finalised. - After Divorce (Periodical Allowance)
Once a divorce or dissolution is granted, the default position is that no spousal support will be ordered. However, sometimes the court can order periodical allowance – a form of ongoing maintenance, normally for up to three years, although it can be for longer in certain circumstances. This is typically used to help the financially weaker party adjust to independence, for example, if they need time to retrain or re-enter the workforce.
It’s important to note that Scottish courts generally aim to achieve a clean break between separating couples, meaning that long-term spousal maintenance is less common than in other parts of the UK. However, where it is appropriate, maintenance can provide crucial transitional support.
Factors the Court Will Consider
When deciding whether spousal maintenance should be awarded, and how much should be paid, the court will consider various factors, including:
- The financial resources and needs of each party
- The standard of living during the marriage or partnership
- The length of the marriage or civil partnership
- Any contributions made (financial or otherwise) to the family
- The age, health, and earning capacity of both parties
Voluntary agreements can also be reached out of court, either directly between parties or through solicitors or mediation. We can assist with negotiating and drafting formal agreements to ensure your position is legally protected.
How We Can Help
Our family law team offers clear, practical advice tailored to your personal circumstances. Whether you’re seeking spousal maintenance or being asked to pay it, we can assess your situation, explain your options, and represent your interests effectively.
We also take a trauma informed approach, recognising that financial negotiations during a separation can be emotionally difficult. Our priority is to support you with sensitivity, dignity, and care.
Family Law Fixed Fee Preliminary Legal Advice
We understand that taking the first step in consulting a solicitor can be daunting and you may be concerned about the likely cost of legal advice. To help you understand your options and the likely cost, we offer a fixed fee package for preliminary legal advice.
Speak to a Spousal Maintenance Specialist
If you’re separating or divorcing and want to know more about your entitlement to or liability for spousal maintenance, contact our Family Law team. Our expert family law solicitors in Edinburgh and Glasgow will provide clear, confidential advice tailored to your situation. We’re here to help you find a way forward that is fair, balanced, and legally secure.