Divorce: What Happens If One Person Earns More In A Marriage?

When you divorce, the Court will consider each party’s earning capacity and their future needs. This influences the division of assets. It also determines whether or not spousal maintenance must be paid.

Can I share my spouse’s future income?

It’s very common in a marriage for one person to earn more than the other. The person who has built up a high earning capacity will continue to earn a substantial income after the separation. The other person is then left to struggle financially without the support of their former husband or wife.

As a result, we are frequently asked whether they’ll get a share of their spouse’s future income after divorce. The answer is that it depends on the circumstances. The Court looks at various factors when deciding how assets should be divided, and whether one person should receive spousal maintenance going forward.

The Court’s approach

If you are left with little other option but to seek the Court’s input, they will consider various different factors, such as:

• The needs, obligations and responsibilities of both parties
• Any children of the family
• Living expenses
• The parties’ age and the length of the marriage
• The standard of living during the marriage
• The parties’ assets, income or available capital
• Each person’s physical and mental capacity

In particular, the Court will look at the anticipated future earnings of both parties. It will also take note of any ‘sacrifices’ either person has made for the benefit of the family. This usually includes where a wife has given up her career to be the children’s main carer and to support the husband in his career.

What will the Court decide?

The Court will begin with dividing the assets equally, however upon consideration of the above factors, they may order an unequal division of assets to ensure that each parties’ needs are met. This can include an income need, especially if one party has been the homemaker and main carer of the children.

The Court can also make various orders to ensure each person’s needs are met. These include (but are not limited to):

1. Payment of a lump sum
2. Sale or transfer of the property
3. Pension Sharing Order
4. Spousal maintenance

What is Spousal Maintenance?

Spousal maintenance is maintenance that is paid by one spouse to the other following a divorce. It is usually paid for a specific period, although in some cases, the Court can make an order for payment to continue until the recipient’s death.

The amount to be paid, and the term of the order, is based on each parties’ needs at that time. Should circumstances alter, you can ask the Court to vary or dismiss the order in place.

How we can help?

Call one of our divorce solicitors for a free no-obligation initial appointment to discuss your circumstances.