The traditional advice during a divorce is that you should ‘go low’ in respect of your career in the expectation of receiving an ongoing maintenance order to meet your financial needs. But why would anyone want to disempower themselves when life in 2023 is about independence and freedom and divorce often brings new opportunities?
Of course, divorce is daunting, and there are times when it seems impossible to focus on the practicalities with everything else in life that is going on. It can often feel like there isn’t enough time or emotional bandwidth, but business and career growth can provide the building blocks for the future. Not only will this create financial independence but it will bring new personalities, experiences and opportunities on a daily basis, all of which help the recovery process. Aside from the positive impact a career, job or business can bring to recovery after divorce, there are important legal considerations.
If you are going before a judge, you are most likely asking a working parent (the judge) to make decisions about your financial needs. It isn’t beneficial to ask them to determine that you cannot work, even if you haven’t done so for a long time. You will need to demonstrate to them how you plan to develop and transition to financial independence.
Judges are far more likely to be sympathetic to someone with a clear plan, even if that plan takes into account time needed to re-train or requires initial financial support – either through a capital injection or maintenance. Going before a judge and simply saying ‘I need to be supported for the rest of my life’ isn’t attractive.
Don’t be afraid to work with contacts and professionals to develop potential business plans and cost / income projections. Highlight the areas where you might struggle and where you’re being optimistic or there are uncertainties and include a timeline. All of this will help a Judge make an informed decision on how much financial support is needed and for how long. This is so much better than giving them nothing to go on, forcing them to make a snap decision which on the wrong day, could go very much against you.
As the case law develops, spousal maintenance is becoming lower in quantum and shorter in term i.e. awards for long term maintenance at high levels are becoming rarer. Significant awards are particularly difficult to negotiate because everyone sees the value in a clean break (i.e. no spousal maintenance) and the court has a duty to try and achieve this at the earliest possible opportunity.
The court expects the recipient of support to adjust to post divorce life ‘without undue hardship’. In other words, that they don’t expect things to be exactly the same after divorce, and there can be some hardship to the adjustment, it just shouldn’t be undue.
All of this is obviously unpredictable and uncomfortable and that degree of instability adds to the confusion following separation. This is why we recommend taking control of the future and making tangible plans that not only provide a focus during the chaos of separation, but also to help shape the future.
Finally, if you are the main carer of children and are not married, you are only entitled to child maintenance in terms of income support. That might include an element of ‘carer’s allowance’ but it may not. The capital award is usually limited to the provision of a property until the youngest child reaches the age of 18. That means when the children leave home, the house is transferred to the other parent. This is sometimes called the ‘cliff edge’ because suddenly the carer of the child/ren will have no home and no income. While those of us in the legal profession are taking steps to change the law in this area, there is no immediate prospect of change. The only way to protect yourself, is to develop your own opportunities and income so you take some control and help determine your future.
