Spousal maintenance after divorce is not automatic, and a clean-break approach does not mean support must end immediately in every case. The court considers the parties’ circumstances and the applicable law. The practical task is to explain what support is needed, what each spouse can realistically earn and pay, and how any proposed arrangement will operate.
Hugh Raichlin Attorneys helps clients assess maintenance within the wider divorce settlement. Support cannot sensibly be assessed in isolation from property, debts, housing, children and retirement arrangements.
Separate interim support from the final arrangement
Interim maintenance addresses the position while matrimonial proceedings are underway. Maintenance agreed or ordered at divorce addresses the position afterwards. A temporary payment does not automatically determine the final amount or duration, and child maintenance remains a separate obligation.
Section 7 of the Divorce Act provides for maintenance arrangements and relevant considerations. These include means, earning capacity, financial needs and obligations, age, marriage duration, the previous standard of living and other appropriate factors. The result is an individual assessment, not a fixed percentage of the higher earner’s salary.
What does a clean break mean in practice?
The idea is to enable the parties to become financially independent where their circumstances permit. That can support a time-limited rehabilitative arrangement, but independence must be realistic. Age, health, time out of employment, qualifications, care responsibilities and access to capital can affect what is achievable.
A home awarded in the settlement is not necessarily cash available for monthly expenses. Conversely, a proposed monthly shortfall should account honestly for available resources. Explain the connection between assets, income and future earning prospects rather than assuming that one answer settles every issue.
Build an evidence-based budget
- Separate essential recurring expenses from once-off divorce or relocation costs.
- Identify which costs relate to you and which relate to the children.
- Support significant expenses with recent documents rather than estimates alone.
- Explain employment history, realistic earning opportunities and the steps required to return to work.
- Identify debt repayments and whether the settlement will change them.
- Explain genuine health-related limitations with appropriate evidence, not a bare assertion.
Ask these questions before agreeing to terms
The amount is only the start. The agreement should address payment dates, escalation where agreed, duration, any identified terminating events, medical or housing obligations and what happens when circumstances change. Drafting must also deal correctly with the relationship between a negotiated settlement and the court order.
Avoid vague promises such as “I will help while you get back on your feet”. Equally, do not assume every maintenance term can later be changed in precisely the same way. Obtain advice about the wording, the legal route and the effect of any final-settlement provisions before signing.
Questions clients ask
Does a longer marriage guarantee lifelong maintenance?
No. Duration matters, but it is part of a wider factual assessment. A long marriage can involve very different needs and resources from another marriage of the same length.
Does remarriage or living with a new partner have the same effect?
Do not treat those situations as interchangeable. The statute, the terms of the order or agreement and the particular circumstances need to be considered.
Can I simply stop paying if my income falls?
Do not unilaterally disregard an existing order. Obtain advice promptly about the appropriate variation or other procedure and assemble evidence of the change.
Discuss a workable outcome
Bring a realistic budget, income evidence, the proposed asset division and any interim order. HRA can help distinguish a supported maintenance position from an opening negotiating demand, and can advise on drafting an arrangement that can be understood and implemented. Where settlement is suitable, the aim is clear terms rather than a promise of a guaranteed clean break.
Explore divorce settlement agreements
Read about interim Rule 43 relief
General information only; maintenance advice depends on the facts and the relevant agreement or order.