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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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My husband pays a fixed sum of alimony to his ex wife. The

Customer Question

My husband pays a fixed sum of alimony to his ex wife. The financial agreement they signed up to says that if his financial circumstances improve he must give a percentage of that to his ex wife. I've just got a job. Does my salary count as an improvement in his financial circumstances?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
What is the precise wording of the relevant section of the agreement?
Customer: replied 3 years ago.

a) The sum payable by Mr Farrell to Mrs Farrell (meaning the ex Mrs Farrell) as described in Clause 4 (a) hereof shall be varied dependent on any increase or decrease in Mr Farrell’s income. Should there be any increase or decrease then the sum paid to Mrs Farrell shall increase or decrease by the same percentage as Mr Farrell’s income increases or decreases. Any such variation shall be made following the production of Mr Farrell’s P60 annually to Mrs Farrell. That said increase or decrease will be based on the figures produced in said P60.

Expert:  JGM replied 3 years ago.
Your salary is irrelevant. Only an increase or decrease in your husband's salary would trigger this clause.
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