Legal Definitions - aliment

In Scots law, aliment refers to the financial support that a person is legally entitled to receive when they are unable to provide for their own basic needs. This support is typically provided by a spouse or, in specific circumstances, by certain relatives in a legally defined order, often beginning with the person's children. The purpose of aliment is to ensure that individuals who are in financial hardship receive necessary assistance from those legally obligated to provide it.

• Example 1: Spousal Support After Separation

  After a married couple in Scotland separates, one spouse, Alex, has been a stay-at-home parent for many years and has limited earning potential. The other spouse, Ben, has a high-paying job. If Alex is unable to support themselves financially after the separation, a Scottish court might order Ben to pay aliment to Alex to cover their living expenses until Alex can become self-sufficient or a different arrangement is made.

  This illustrates aliment because Alex is an indigent person (unable to support themselves) and Ben, as their spouse, is legally obligated to provide financial support.

• Example 2: Adult Children Supporting an Elderly Parent

  Sarah, an elderly widow in Scotland, suffers a severe stroke and can no longer manage her finances or work. Her pension and savings are insufficient to cover her care home fees and medical expenses. Sarah has two adult children, David and Emily, who are both financially stable. If Sarah becomes indigent, David and Emily might be legally required to provide aliment to their mother to help cover her essential costs.

  This demonstrates aliment as Sarah is an indigent person, and her adult children, David and Emily, are considered relatives in the prescribed order who may be legally obligated to provide her with financial support.

• Example 3: Support During Marriage

  Mark and Lisa are married and living together in Scotland. Mark, despite being employed, consistently refuses to contribute financially to household bills or shared expenses, leaving Lisa to bear the entire financial burden, which she struggles to meet. Lisa could seek an order for aliment from Mark to ensure he contributes appropriately to their joint living costs, as she is struggling due to his lack of financial contribution within the marriage.

  This example shows aliment being sought by Lisa, an indigent person within the context of her marriage, from her spouse, Mark, who has a legal obligation to provide financial support.