Periodical allowances are regular payments (often monthly) made by one party to another following a divorce or dissolution of a civil partnership. Section 13 of the Family Law (Scotland) Act 1985 sets out when and how the court can make these orders.

🔢 When Can a Periodical Allowance Be Ordered?

A Scottish court can make a periodical allowance order under Section 8(2) in these situations:

1. 🔹 At the time of divorce or civil partnership dissolution.
2. 🔹 Within a set period after the court grants the decree (if specified).
3. 🔹 After the divorce, but only if:
   • No order was made earlier,
   • An application is made after the divorce,
   • There has been a change in circumstances since the decree.

⚠️ Conditions for Making an Order

The court can only make a periodical allowance order if:

• 🔗 It aligns with one of these principles:
  • 🤝 Fair sharing of financial assets.
  • 👩‍🍳 Support for one partner if they’ve lost economic support.
  • 🎓 Helping one party adjust financially post-divorce.
• ❌ A capital sum, property transfer, or pension sharing would be inappropriate or insufficient.

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⏲ How Long Does It Last?

A periodical allowance can be ordered:

• ⌛ For a fixed period.
• 🕒 Until a specific event occurs (e.g. child turns 18)
• ♻️ For an indefinite period (rare).

🔄 Changing or Ending an Existing Order

If circumstances materially change after the order is made, the court can:

• ✏️ Change the amount.
• ❌ Cancel the allowance.
• 💶 Convert it into a capital payment or property transfer.

This can apply from:

• 🔢 The date of the application, or
• ⏰ An earlier date if good reason is shown.

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🖋 Note:

A child maintenance calculation (formerly maintenance assessment) under child support rules is a valid reason to vary an existing periodical allowance.

⚡ Repayments

If an order is backdated and too much was paid, the court can require the recipient to repay the excess.

☠️ What Happens If One Party Dies?

• 🤝 If the paying person dies, the allowance continues to be paid from their estate unless varied by the court.
• ❌ The allowance stops if the recipient:
  • 👥 Marries someone else.
  • 🤝 Enters a new civil partnership.
  • ☠️ Dies.

(But unpaid arrears still have to be paid.)

📚 Summary

• Periodical allowance is not automatic.
• It must meet legal fairness principles.
• Courts favour capital sums or property transfers over long-term support unless justified.
• You can apply later if things change, but only under strict rules.

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