Separation during the cost of living crisis

The current cost of living crisis, with soaring energy costs, rising interest rates and food and fuel bills, is causing hardship for millions of families across the UK. Sadly, financial pressures often contribute to the breakdown of relationships, and lead to divorce and separation. Heightened tensions over making ends meet, and couples’ different attitudes towards money can cause issues that are hard to overcome.

Many people who wish to end their relationship may be concerned about how the cost of living will impact their ability to separate. This includes where each person will live, who pays the mortgage on the primary residence, how household bills will be covered and sorting childcare arrangements.

It’s likely some people may feel that they cannot afford to separate and that there is no way out of their marriage during a cost of living crisis because of the associated financial impact.

For some couples, it may be necessary for them to live together, albeit separately under the same roof, for a period of time in order to keep up with mortgage payments or day-to-day living expenses. However every person’s situation is different and there are certain provisions under the law to help couples who wish to live separately.

What should I do if I am separating?

The first step if you are considering separation is to review your respective incomes and outgoings and assess if maintaining two separate households will be sustainable before a final financial settlement is reached.

It might sound confronting, but there are a lot of resources out there to help you figure out what you are entitled to financially, what benefits you may be eligible for, and how to navigate the separation process. Solicitors, financial advisers, and accountants are all well-placed to help guide you, so consider taking advice from a professional.

The Scottish Government also has some helpful advice online with regards to benefits and help with money after splitting up.

Can I claim child maintenance?

Both parents are responsible for the cost of raising their children, no matter the circumstances. Parents must have a child maintenance arrangement in place if one parent does not live with the child or the child lives with each parent some of the time.

How much child maintenance is paid and to which parent is different for each couple. The Scottish Government has resources on how it is calculated and how to apply for it, while the Child Maintenance Service (CMS) has an online calculator which will let you know how much maintenance needs to be paid.

The amount to be paid depends on factors like the paying parent’s income, how many nights a week the child spends with that parent, and if there are other children to be cared for. The CMS calculator will give you a benchmark payment, but if parents are able to agree on the amount to be paid between themselves they can do so.

Will I get spousal maintenance?

When you get married or enter into a civil partnership in Scotland, you make a legal commitment that you will financially support each other until there is divorce or death. This is known as ‘spousal aliment’.

Initially couples should try to agree on maintenance payments, often through solicitors negotiating, but if they cannot, they can apply to the court to determine it on their behalf. In determining aliment, the court considers the needs and resources of each party, the earning capacity of each party, and the general circumstances of the couple.

The person seeking aliment has to provide evidence that they need financial support from their spouse because their income does not meet their essential costs. How much is paid depends entirely on individual circumstances, but a solicitor would be able to provide more comprehensive information. Aliment will only be granted if a need is established and if the other party is in a financial position to make payment of spousal aliment. The paying spouse will only be expected to pay what is affordable to them.

Seeking advice

Separating from your partner can be extremely difficult emotionally and financially, but there is help at hand to navigate the process. It’s important to take advice and seek creative solutions, but also to take the time to make important decisions now that could impact your future for years to come.

McSherry Halliday’s team of experienced solicitors and qualified family law paralegals understand the challenges separating couples face and support their clients in navigating the process with expert and compassionate advice.