Transcript for Divorce Advice: Establishing a Clean Break & Spousal Maintenance – Top Divorce Lawyer Marilyn Stowe
The court has to consider whether or not a clean break is appropriate for the couple.
A clean break comes into play when there is enough money to enable the parties to get on with their lives without ever having coming back to the other for support.
Spousal maintenance is available for people who need income going forward but, in cases of wealthier parties, it’s possible to arrive at a clean break. The way the court does that is assessing how much money there is and then saying: “Is it appropriate to divide the assets by two? Is there enough money to meet need and, thereafter, to divide the assets and walk away? Is that appropriate?”
Increasingly, couples are using the argument that some of the assets are inherited wealth or acquired before the marriage. The courts might say that if needs can be met without recourse to non-matrimonial assets, they should be ring-fenced from division and kept on the spouse whose they were from the outset.
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