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Divorce - Financial Claims

These can either be for aliment – based on the income and expenditure of both parties and continuing for up to 3 years after divorce – or for capital - usually based on the value of the “matrimonial property” at the separation date. That property nowadays sometimes includes pension rights which may have a very large value.

The law normally looks for a "clean break" on divorce, so that continuing aliment after divorce is relatively unusual nowadays, particularly if there has been an award of a capital sum of money. However, there can still be awards of aliment (termed “periodical allowance”) if either spouse can show that such an award will be necessary for a period to allow for adjustment to the changed financial circumstances.