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:
- At the time of divorce or civil partnership dissolution.
- Within a set period after the court grants the decree (if specified).
- 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.
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.
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.
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
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For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.