How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I currently pay alimony to my ex wife. She has remarried can

Resolved Question:

I currently pay alimony to my ex wife. She has remarried can you advise please if under Scots Law alimony should stop now she has remarried
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Do you pay under a court order or minute of agreement?
Customer: replied 3 years ago.

Minute of Agreement and there are no children involved

Expert:  JGM replied 3 years ago.
The Minute of Agreement should provide the circumstances whereby the aliment stops and would typically be after a specified period of time from divorce being granted. Less typically it could be until the death or remarriage of the recipient.

If the Minute of Agreement doesn't provide a stop date then the Minute of Agreement could be varied by the court on the basis of a material change of circumstances.

Happy to discuss further.
Customer: replied 3 years ago.

Thank You


 


The minute of agreement states that I would pay a certain amount until I retire. It goes onto say that at time of retiral we would mutually agree any payment to be further made. I do not think I should pay any more and have told her that and she disagrees. I thought that her remmariage would add strength to my case

Expert:  JGM replied 3 years ago.
It may do depending on the basis on which the aliment was agreed. Was the aliment in lieu of a capital payment, for example or was it in addition to an agreed division of matrimonial property? Did your wife get a fair share of matrimonial property under the Minute of Agreement or was the aliment to make up her share?
Customer: replied 3 years ago.

The estate was split down the middle including her receiving aprt of my pension pot. The aliment was on top of that , it was to cover her morgage and household expenses. Since her remarriage she has moved into a new house with her husband. Obviously with me retiring my income will in effect half so continuing to pay would be difficult


 

Expert:  JGM replied 3 years ago.
In that case I think you have good grounds to vary on a material change of circumstances, ie, her remarriage and your impending retirement.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank You

Expert:  JGM replied 3 years ago.
You're welcome. Here is the relevant provision of the Family Law (Scotland) Act 1985:

"7. Agreements on aliment.

(1) Any provision in an agreement which purports to exclude future liability for aliment or to
restrict any right to bring an action for aliment shall have no effect unless the provision was fair
and reasonable in all the circumstances of the agreement at the time it was entered into.

(2) Where a person who owes an obligation of aliment to another person has entered into an
agreement to pay aliment to or for the benefit of the other person, on a material change of
circumstances application may be made to the court by or on behalf of either person for variation
of the amount payable under the agreement or for termination of the agreement."
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.