Divorce maintenanceHow it is worked out, applied for and enforced
Who pays, how much and for how long: the court works from a clear set of factors. We first sort out your income, spending and assets, so you know where you stand before you negotiate or apply.
How much the family ownsand how it relates to maintenance
Whether the family’s assets can meet both spouses’ reasonable needs decides what the court focuses on
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Assets that cannot meet basic needs
When assets are limited and still fall short after essential spending, the court puts the basic needs of the children and the weaker spouse first. It usually orders periodical payments, and may also consider Comprehensive Social Security Assistance (CSSA) as a bridge.
Surplus after needs are met
When family income or assets exceed spending, the court starts from an equal 50/50 split, then adjusts the shares for age, earning capacity, contributions and similar factors. Both periodical and lump sum payments are common.
Assets far beyond both spouses’ reasonable needs
When assets are far beyond what both spouses need, the court works from principle instead: it starts from an equal 50/50 split, then asks whether there is reason to depart from it, such as assets owned before the marriage or inherited. These cases are usually settled by a lump sum or property orders.
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Assets that cannot meet basic needs
When assets are limited and still fall short after essential spending, the court puts the basic needs of the children and the weaker spouse first. It usually orders periodical payments, and may also consider Comprehensive Social Security Assistance (CSSA) as a bridge.
022 / 3
Surplus after needs are met
When family income or assets exceed spending, the court starts from an equal 50/50 split, then adjusts the shares for age, earning capacity, contributions and similar factors. Both periodical and lump sum payments are common.
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Assets far beyond both spouses’ reasonable needs
When assets are far beyond what both spouses need, the court works from principle instead: it starts from an equal 50/50 split, then asks whether there is reason to depart from it, such as assets owned before the marriage or inherited. These cases are usually settled by a lump sum or property orders.
Types of order
Five types ofmaintenance and property orders
Depending on the case, the court can make these five kinds of financial relief orders
Periodical payments order
A steady monthly living allowance
The most common form of maintenance. The court sets an amount to be paid monthly or at other intervals, giving the receiving spouse a steady income. It usually ends if the other spouse remarries or dies, and can be varied if circumstances change.
If the court believes the other spouse may not pay, for example because they refused to pay maintenance before, it secures the payments against assets that spouse names. The payments end in the same way as a periodical payments order, and can still be varied later.
A fixed total sum is paid, in instalments if needed and with security. The aim is to settle the financial ties between you once and for all. The amount cannot be changed once ordered, which suits cases where you want a quick, clean break.
Transferring an interest in property to the other spouse
One spouse must transfer an interest in property or other assets to the other spouse or to the children. It is often used for the family home, and generally cannot be changed once ordered. If it is not carried out, the court can order the property to be sold.
Named property is held by a trustee on the terms of a trust, to protect the long-term interests of the children or the other spouse. The trust terms can still be varied later. It suits cases where a direct transfer is not appropriate.
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.
Periodical payments
Payment methodsMonthly or at other regular intervals
Can it be changed later?Yes. If circumstances change, either can apply to increase or reduce it
When it endsWhen the person receiving it remarries or either spouse dies
EnforcementJudgment summons, attachment of income order, order restraining departure from Hong Kong
Risk of defaultThe other spouse may default later
When it suitsThe other spouse’s income is steady and you need long-term support
Lump sum payment
Payment methodsPaid in one go (can be by instalments, with security)
Can it be changed later?No. Once ordered, it is final
When it endsEnds once it is paid in full
EnforcementUsually no need to chase
Risk of defaultLower risk once the money is received
When it suitsYou want to settle the finances between you in one go
The two forms can be combined. Which suits you better depends on both spouses’ assets and income, and we will help you weigh it up.
How to apply for maintenance: five stages
Applying for maintenance in Hong Kong falls roughly into five stages, and we will go through the documents you need with you, step by step.
01At filing
Making the application
This is usually made together with the divorce petition, or by a separate notice of application. If the case is likely to run for a long time, you can also apply for interim maintenance to cover your needs meanwhile.
Divorce petition
Your personal details
A first outline of income and spending
0228 days before the appointment
Financial disclosure
Both sides complete Form E, disclosing income, assets and liabilities honestly and attaching supporting documents. We help you go through it item by item.
Monthly income statements
Proof of assets
Records of debts and spending
0310 to 14 weeks
First appointment
At the first appointment hearing the judge sorts out what is in dispute, directs any further documents or asset valuations, and sets the date of the financial dispute resolution hearing.
Form E exchanged
List of issues in dispute
Asset valuations, where relevant
04Date set by the court
Financial dispute resolution hearing
The judge helps both sides negotiate and narrow their differences. An agreement can be confirmed by the court as an order. If you cannot settle, the case goes to trial.
What you would accept in a settlement
The other spouse’s financial disclosure
Acceptable ways of paying
05If you cannot settle
Trial and order
The court hears the evidence and submissions of both sides and then makes an order. Both must comply with it, and if the other spouse does not, you can apply to enforce it.
Complete set of evidence
Understand the type of order
Prepare for enforcement
If the other spouse does not pay
Three ways to recover unpaid maintenance
If payments are still in arrears after the order is made, you can apply for enforcement. If the arrears are more than 12 months old, you need the court’s permission first.
Method 01
Judgment summons
Apply to the court to summon the other spouse and require them to explain their finances and why they have not paid.
Suited to cases where the other spouse’s finances are unclear
Record of the unpaid amounts
Copy of the original order
Record of earlier attempts to recover
Method 02
Attachment of income order
The court orders the other spouse’s employer to deduct the money from their pay and pass it to you directly.
Suited to cases where the other spouse has a steady job
Details of the other spouse’s employer
Copy of the original order
Calculation of the amount owed
Method 03
Order restraining departure from Hong Kong
The other spouse is barred from leaving Hong Kong until the arrears are paid, and the order is carried out by the Immigration Department.
Suited to cases where other methods have not worked
Proof of identity
Copy of the original order
Evidence of the arrears and of plans to leave
Interest can be charged on arrears, and the court can also impose a surcharge of up to 100% of the arrears.
Fees at a glance
Fees, explained in one go.
500+ clients servedReply within three hours
Every case starts with a free 30-minute first consultation, with no commitment. All fees are listed before you engage us. There are no hidden costs.
Yes. The law makes no distinction by sex. The court looks at each spouse’s financial means and needs, and the spouse with less financial means, man or woman, can apply.
Generally not. In dividing property and setting maintenance, the court takes conduct into account only where it is obvious and serious, and an affair alone does not usually change the outcome.
The court considers your contribution to the family, your age, your ability to find work again and both spouses’ needs. Caring for the family is also a contribution, so not working does not mean you have no claim.
There is no standard term. Periodical payments usually run until the receiving spouse remarries or either spouse dies, and the court can also set a shorter term in a particular case.
Periodical payments can. If either spouse’s income or needs change significantly, either can apply to the court to increase or reduce the amount. A lump sum generally cannot be changed.
Generally until the child is 18. If the child is still studying or in training, or has special circumstances, it can continue beyond 18.
Both sides must give full disclosure in a financial statement. If you suspect concealment, you can ask the court to require the other spouse to produce further documents and explain.
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.
A periodical payments order generally ends when the receiving spouse remarries. If you are the receiving spouse, learn how the order ends before you remarry, and plan ahead.
Yes. A periodical payments order can be varied. If either spouse’s income or needs change significantly, either can apply to the court to increase or reduce the amount.
It depends. For arrears of more than 12 months, you need the court’s permission before you can recover them through court proceedings, so do not delay.
Yes. While the case is still unresolved, either spouse can apply for interim maintenance (also called temporary maintenance) to cover living needs during the proceedings.
