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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12079
Experience:  30 years as a practising solicitor.
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I live in Scotland - separated - no family - married

Customer Question

I live in Scotland - separated - no family - married for 20 years - I appreciate that the financial assets will be split 50/50 at the date of separation - am I likely to have any ongoing requirement to support my former wife from my earned income?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
The answer depends on your respective incomes and expenditures and whether an appropriate share of financial assets can be made available to her to offset the obligation of aliment either in whole or part. A spouse has a duty to aliment the other for a period generally not exceeding 3 years from the date of divorce. However if the division of assets would compensate for that duty then an alimentary obligation may not be necessary. The issue is one of hardship arising from loss of support and adjustment. See section 9 of the Family Law (Scotland) Act 1985 as well as the first few sections of the same Act which deals with aliment. I hope that helps. You can see these sections online. Please let me know if I can help you further. In the meantime please leave a positive rating so that I am credited for my time.