Divorce - Maintenance and the Clean Break

A clean break is a settlement where it is ordered that neither the husband nor the wife will claim maintenance or capital from the other in the future. If one party cannot earn at all, or can only earn much less than the other, a clean break will only be possible if substantial assets are transferred or if a lump sum is paid which is large enough for that party to meet his or her needs.

The courts encourage both parties to be financially independent after divorce and to earn whatever they can. Each party's age, health, family commitments and the availability of appropriate employment will all be taken into account.

Maintenance can be ordered for an indefinite period or sometimes for a specified time, after which there will be a clean break. Such an order may be appropriate if, for example, the wife needs time to re-train or if she plans to return to work when the children reach a certain age.

Maintenance orders come to an end automatically if the recipient remarries. Either payer or recipient can apply to the court for a variation if circumstances change.