Bankruptcy (Scotland) Act 2016

Claims for aliment and for periodical allowance on divorce or on dissolution of civil partnership

2 (1) A person entitled to aliment, however arising, from a living debtor as at the date of sequestration, or from a deceased debtor immediately before the debtor’s death, is not entitled to include in the amount of the person’s claim—

(a) any unpaid aliment for any period before the date of sequestration unless the amount of the aliment has been quantified by court decree or by any legally binding obligation which is supported by evidence in writing, and—

(i) in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses), or

(ii) in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners),

they were living apart during that period, or

(b) any aliment for a period after the date of sequestration.

(2) Sub-paragraph (1) applies to a periodical allowance payable on divorce or on dissolution of a civil partnership—

(a) by virtue of a court order, or

(b) under any legally binding obligation which is supported by evidence in writing,

as it applies to aliment and as if, for sub-paragraphs (i) and (ii) of sub-paragraph (1)(a) and the word “they” which immediately follows sub-paragraph (ii), there were substituted “the payer and payee”.