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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12303
Experience:  30 years as a practising solicitor.
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My wife and I have separated. She wants a divorce. We both

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My wife and I have separated. She wants a divorce. We both work and our children are grown up. While I would like to fix this, I am worried about finances. What will she be entitled to?

Thanks for your question. Typically, you are each entitled to a half share of all assets accrued during the marriage other than gifts or bequests from a third party. Assets include houses, land, other buildings, pension and investments, cash, insurance policies and furniture and plenishings. Allowance is made for debts which are also shared equally. If one party has a better income that the other then maintenance may also be paid from one to the other. I hope that helps. You can read online the Family Law (Scotland) 1985 which is the Act of Parliament that deals with this branch of the law.

Customer: replied 4 months ago.
How is the need for maintenance worked out? Does there have to be a certain percentage differential?

With child support there is a formula based on gross income. With spousal aliment it is done subjectively based on income and expenditure of both parties. There is no hard and fast rule.

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