- The purpose of maintenance is to make sure neither spouse’s basic standard of living suffers because of the divorce.
- Hong Kong law does not say that the person claiming maintenance must be the wife or the husband.
- Only a person who is “not at fault” for the divorce can claim maintenance from the other side.
- Parents have a duty to support their minor children. After a divorce, both parents must support the children until they reach adulthood.
Divorce is more than two people parting. Divorce means the end of a once very close relationship, and it is closely tied to maintenance.
How to secure the best maintenance after divorce
Before you seek maintenance (regular financial support paid by one spouse to the other), understand its purpose: it makes sure neither spouse’s basic standard of living suffers because of the divorce.
The person claiming maintenance has to make sure the children’s basic financial needs and living security are met.
Under Hong Kong law, there is no rule that the person claiming maintenance must be the wife or the husband.
Generally speaking, the spouse with the lower earning power can claim maintenance from the spouse with the higher earning power.
Everyone hopes for a happy family, and marriage is a shared commitment, but there is always a reason behind a divorce.
Can the spouse with lower earning power claim maintenance?
Feel free to check your situation with us.
How are divorce and maintenance connected, and how do you get maintenance?
Divorce and maintenance are linked in that only a person who meets the following conditions can apply for maintenance:
- The divorce must be decided by the court. Only this kind of divorce allows a maintenance claim.
- Only a person who is “not at fault” for the divorce can claim maintenance from the other side.
- Only the spouse who falls into financial hardship can apply for maintenance.
Put simply, the divorce must be decided by a Hong Kong court. In a gentler “divorce by agreement”, you may not be able to claim maintenance, although in practice a Hong Kong court still has to decide.
If a husband commits adultery and his wife finds out, she can go to court to apply for divorce and can then claim maintenance from him. The husband cannot claim from her in return.
In this case the husband caused the divorce, so only one side can claim maintenance.
Please note
- If both sides are at fault, the court will not allow either side to claim maintenance.
“Financial hardship” means having no property and no means of earning a living.
If one spouse is young and strong, has a regular job but no property in their name, or still has the means to earn a living, they cannot claim maintenance from the other.
How can you win good maintenance?
The purpose of maintenance is to give the divorced husband or wife a basis for independent living, so Hong Kong courts look at these factors:
- The claimant’s status
- The claimant’s age
- The claimant’s ability to earn a living, and their living conditions
- The paying side’s financial means
The court calculates maintenance so as to protect the applicant’s basic personal living needs. Every case is different.
Many people see on television or online that celebrities receive huge maintenance payments after a divorce, but ordinary people basically cannot claim huge sums.
Most of those startling figures were set by a “divorce agreement”, the result of the two sides negotiating.
How will the court calculate your maintenance?
Get in touch, and a dedicated consultant will first understand your situation.
Who is responsible for child maintenance, and how is it calculated?
Hong Kong courts require parents to support their minor children. Even if the couple separate through divorce, both must support the children until adulthood.
Besides maintenance for a spouse, if the couple have minor children, child maintenance is a very important part of the divorce contest.
-
The couple agree an amount first
Generally, when divorcing, the couple can first agree the amount of child maintenance between themselves.
-
The court decides
If they cannot reach agreement, the court can decide.
When calculating child maintenance, Hong Kong courts refer to average consumption spending and also consider:
- The children’s needs
- Each parent’s income
- Each parent’s financial situation, and so on
The court then divides the child maintenance between them in proportion.
How should child maintenance be shared?
If in doubt, feel free to contact our dedicated consultants.
