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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12193
Experience:  30 years as a practising solicitor.
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I currently pay alimony to my ex wife. She has remarried can

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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
JGM
Thank you for your question.

Do you pay under a court order or minute of agreement?
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Customer: replied 4 years ago.

Minute of Agreement and there are no children involved
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.
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Customer: replied 4 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
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?
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Customer: replied 4 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


 

In that case I think you have good grounds to vary on a material change of circumstances, ie, her remarriage and your impending retirement.
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Customer: replied 4 years ago.

Thank You

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."
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