Spousal aliment
‘Aliment’ is the Scots law term for regular payments of financial support for certain categories of relations, including spouses and civil partners. It can be by agreement between the parties or by court order.
The obligation of aliment can be owed by:
•spouses to each other;
•civil partners to each other;
•a parent to their child;
•a person who is legally obliged to support a child.
When considering whether to make a final award of aliment and how much to award, the court must consider:1s4 Family Law (Scotland) Act 1985 •the needs and resources of the parties; and
•the earning capacities of the parties; and
•all the circumstances of the case.
When awarding aliment, the court can order:
•periodical payments, for a definite or indefinite period or until a certain event occurs;
•payments of a special or occasional nature;
•the backdating of an award to either:
◦the date the action was brought; or
◦such later date as the court thinks fit; or
◦a date before the action was raised, if special cause is shown.
The court must take into account a mixture of the needs and resources of both parties both at the time of application and in the foreseeable future. Thus, variations and recall can be applied for if situations change.2s5 Family Law (Scotland) Act 1985 It can include money for essentials and other things like holidays and entertainment and may reflect the standard of living during the period when both partners were together.
The court will also look at resources including such things as income from a trust or investment, a company car or rent-free accommodation. Payments to a mortgage by the absent parent can also be taken into account. Where the paying partner has a new relationship, their income may also be taken into account.
If advice on court procedures is required, debt advisers should not attempt to get involved and the client should be advised to consult a solicitor.