Key points
This case in 30 seconds
- Situation
- After marriage the client had been a full-time homemaker for many years, with no job, and worried about having no steady income after divorce.
- Approach
- We helped the client organise the family expenses and the other spouse’s income information first, and reminded her how she could propose periodical payments and housing arrangements.
- Result
- Once the information was organised and discussed, the client knew what periodical payments and housing arrangements she could propose, and made her maintenance application as the process requires.
Three points on applying for maintenance as a full-time homemaker
- Looking after the family is also a contribution. Not having a job does not mean having no rights.
- Both sides complete Form E, disclosing income, assets and liabilities honestly and attaching supporting documents. We help you go through it item by item.
- If either spouse’s income or needs change significantly, either can apply to the court to increase or reduce the payments. A lump sum payment generally cannot be changed.
Background
After marriage the client had been a full-time homemaker for many years, with no job.
She had always worried that, once divorced, she would have no steady income and no settled housing.
For many years the other spouse had paid for most of the family’s expenses, and she had no separate source of income.
She did not know whether, after so many years as a full-time homemaker, she could ask for maintenance on divorce.
- Not sure whether she can still apply for maintenance without a job
- Did not know the other spouse’s income and assets
- Did not know how housing arrangements could be raised at the same time
She wanted to understand things properly before deciding what to do next.
All she wanted was a clear arrangement for her life after divorce.
To put forward a clear arrangement, the first task is to organise the family expenses and the other spouse’s income information.
Why can you apply for maintenance after many years as a full-time homemaker?
The client in this case worried that, after many years as a full-time homemaker with no job, she might not be able to ask for maintenance after divorce.
How does the court view a full-time homemaker?
The court considers your contribution to the family, your age, your ability to find work again and both spouses’ needs.
Looking after the family is also a contribution. Not having a job does not mean having no rights.
The court treats earning the money and looking after the family as equally important contributions.
Periodical payments or a lump sum: how do you choose?
Each way of paying has its own features. The right choice depends on both spouses’ assets and income, and on how confident you are about future arrangements.
The table below compares periodical payments and a lump sum on how they are paid, whether they can be changed later, and when they end.
| Periodical payments | Lump sum payment | |
|---|---|---|
| Payment methods | Monthly or at other regular intervals | Paid in one go (can be by instalments, with security) |
| Can it be changed later? | Yes. If circumstances change, either can apply to increase or reduce it | No. Once ordered, it is final |
| When it ends | When the person receiving it remarries or either spouse dies | Ends once it is paid in full |
| When it suits | The other spouse’s income is steady and you need long-term support | You want to settle the finances between you in one go |
If either spouse’s income or needs change significantly, either can apply to the court to increase or reduce the payments. A lump sum payment generally cannot be changed.
The client in this case wanted a steady regular living allowance, and to know how housing arrangements could be raised at the same time.
What information do you need to apply for maintenance?
When applying for maintenance, both spouses have to organise and disclose information about their income, assets and liabilities.
If you suspect concealment, you can ask the court to require the other spouse to produce further documents and explain.
For the seven factors the court considers and the five types of order in detail, see “Maintenance”. For similar approaches, see “A lump sum maintenance case” or “A Mainland property case”.
Once you know what the court considers and what information is needed, what remains is to organise and apply step by step.
How we helped
From the first consultation to making the application, the same dedicated consultant follows your case. Our help comes in three stages.
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Organising income and expense information
From the first consultation
We helped the client organise the family expense information first, and then the other spouse’s income information.
The court weighs both spouses’ incomes, earning capacity and assets.
Both sides complete Form E, disclosing income, assets and liabilities honestly and attaching supporting documents. We help you go through it item by item.
With the information complete, there is a firmer basis for discussing periodical payments and housing arrangements.
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Discussing periodical payments and housing arrangements
Once everything is in order
Once the information was organised, we helped the client discuss what periodical payments and housing arrangements she could propose.
Knowing the range of what she can ask for is the most important part of this step.
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Making the application
After the discussion
After the discussion, we helped the client prepare the documents and reminded her to make her maintenance application as the process requires.
It is usually raised in the divorce petition or filed as a separate notice of application. If proceedings will take a long time, you can also apply for interim maintenance at the same time to cover the gap.
Making the application as the process requires is the most important part of this step.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
We explained every court letter first, and what needed following up.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
With the three stages joined up, this was the outcome.
Outcome
Once the information was organised and discussed, the client knew what periodical payments and housing arrangements she could propose, and made her maintenance application as the process requires.
Because the family expenses and the other spouse’s income had been put in order, the client knew the range of periodical payments she could propose.
Throughout, the dedicated consultant used both spouses’ financial information to help her understand what each step means.
She also learned that housing arrangements can be discussed together with periodical payments and do not have to be handled separately.
This case had no dispute over property, so the discussion focused on the periodical payments and housing arrangements themselves.
If a case involves property or children, there are extra parts to deal with, and the approach is different.
How does the procedure change if your situation is different?
This approach suited the case because the client had no job and was a full-time homemaker. If the situation is different, the approach changes too.
Still has part-time work or some income: if the client still has part-time work or some income, first organise her actual income, and then discuss the range of periodical payments.
The other spouse’s income is unstable: if the other spouse’s income is unstable, first organise the relevant information, and then discuss a suitable payment arrangement.
Disagreement over the amount of periodical payments: if you disagree on the amount of periodical payments, you can still organise the information first and then discuss it with the other spouse.
Three things you can do first in a similar situation
- First find out whether a full-time homemaker can still apply for maintenance.
- Organise the family expenses and the other spouse’s income information.
- First ask the dedicated consultant how periodical payments and housing arrangements can be raised together.
FAQ
Can a full-time homemaker with no income apply for maintenance?
Looking after the family is also a contribution. Not having a job does not mean having no rights.
How does the court view the contribution of the spouse who looked after the family full time?
The court treats earning the money and looking after the family as equally important contributions.
Can the amount of periodical payments be changed later?
If either spouse’s income or needs change significantly, either can apply to the court to increase or reduce the payments. A lump sum payment generally cannot be changed.
What income information do you need to apply for maintenance?
Both sides complete Form E, disclosing income, assets and liabilities honestly and attaching supporting documents. We help you go through it item by item.
What can I do if I suspect the other spouse has not disclosed their income honestly?
If you suspect concealment, you can ask the court to require the other spouse to produce further documents and explain.
How can housing arrangements be raised together with maintenance?
Once the information was organised, we helped the client discuss what periodical payments and housing arrangements she could propose.
If proceedings will take a long time, can I apply for interim maintenance first?
It is usually raised in the divorce petition or filed as a separate notice of application. If proceedings will take a long time, you can also apply for interim maintenance at the same time to cover the gap.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
