Financial support during separation – who can claim interim aliment and how does it work

When couples separate, there can be significant financial consequences for both spouses. In Scotland, spouses have a duty to aliment (financially support) each other. This duty continues post separation. In the event that financial support is required and not provided, it is possible to seek an order for aliment (on a final or interim basis) through the court.

In assessing whether an award of aliment might be appropriate, the court is directed to consider the parties' respective needs and resources, their earning capacities and all the circumstances of the case. A careful look at the financial picture is accordingly required. The conduct of the parties will only be looked at in an action for aliment if it would be manifestly unfair not to do so.

Should you find yourself in the position where you are unable to meet your monthly mortgage payments or drawing down from capital to meet your reasonable needs – whether that be the weekly food shop or to fill your car with fuel- then you may wish to consider whether aliment is required.

The level of any award of aliment is not an exact science and will come down to judicial discretion. The court can award aliment for a definite or indefinite period of time or until a specified event, such as the sale of a property or children moving on to university.

The court can award an amount of interim aliment which is less than the sum sued for, if they think that is appropriate in the circumstances. Back-dating is infrequently awarded in actions for aliment, and therefore should aliment be required, it is important to seek it quickly. You can still claim aliment if you are living in the same property as your spouse.

An individual can defend an action for aliment if they can prove there is either no money from which to fund payment, if they are already alimenting their spouse to a substantial degree or if they consider there to be no requirement for an award to be made. Should there be a material change in the circumstances of either party following the granting of such an award, it is possible to request that the award of aliment be varied by the court.

If you feel you may benefit from advice on spousal support from the point of separation, please get in touch to speak with one of our family law experts.