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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I am recently (Feb 2) separated and heading . I

Resolved Question:

I am recently (Feb 2) separated and heading for divorce. I am happy to continuing contributing half my current salary to my wife in the year until the divorce is finalised, but want to reduce the contributions in the two years afterwards. My wife, who is currently not employed, is insisting that I contribute 50% of my salary for a full three years after the date of separation. Does she have a case? My fear is that she will be able to use the salary contribution (plus other money from the financial settlement) as a reason not to find employment, thus giving me no opportunity of reducing my financial contribution to her.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Spousal maintenance is based on needs and resources and also what there is in the way of matrimonial property. For that reason it is difficult to answer your question without that information.
In general terms the court prefers a clean break principal so whilst the legislation says that a periodical allowance, ie, maintenance is to be paid for a period not exceeding three years from the date of divorce, if a division of capital can be made to cancel out periodical allowance, this tends to be the preferred route.
And as you touch on in your narrative, a court would also look at the job market available to the wife and her earning capacity when fixing the length of time the payments are to run for.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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