Last updated on March 7th, 2017 at 11:39 am

How is maintenance awarded?

England continues to be viewed as generous to the ‘economically weaker party’, hence London’s reputation as divorce capital of the world.  In Scotland, spousal maintenance is limited to three years maximum, irrespective of hardship, and legal opinion is divided as to whether we should follow suit.

Whilst the starting point for division of matrimonial capital is 50/50, there is no entitlement to an equal sharing of income.  Maintenance claims are assessed on a ‘needs’ basis, with ‘needs’ differing from case to case.

How is maintenance changing?

There is inconsistency however within our courts, some areas of the country being more receptive to spousal maintenance claims than others, and inconsistency amongst judges themselves, making it very difficult to predict entitlements.  It is expected that judicial guidance will soon emerge and on a less generous basis than before.

Whatever your personal view is of ‘fair’, maintenance claims would appear to have peaked.  If spousal maintenance is to be granted at all, it is now likely to be only short term provision to ease the transition to financial independence.  There are many wives who will consider such decisions harsh and unrealistic, given their years out of work raising children, including Tracey Wright, whose maintenance battle was reported in the press 3 months ago. Big-money divorcee, Ekaterina Parfenova, reportedly told the court in May that her future plan was to find a new husband rather than a job. But for most of us, getting back to work will be a necessity.

For information and advice about maintenance issues, please contact our family law team.

Read our pages on financial settlements on divorce here