Divorce: What happens if one spouse earns more in a marriage?

Posted by Melissa Mitchell on 7th January 2025

In many marriages, it’s common for one spouse to earn significantly more than the other. When couples divorce, this financial imbalance often raises concerns about fairness and stability. If you’re worried that your relationship has come to end but one person earns more in your marriage, particularly regarding future income and spousal maintenance, understanding the legal process is crucial.

We’re often asked: Will I get a share of my spouse’s future income after divorce? The answer depends on your unique circumstances and the court’s decision. In this post specialist divorce and finance lawyer Melissa Mitchell explains some of the things that should be considered when there is a gap in income and one spouse earns more in a marriage.

How does the court address income disparity in divorce?

When it comes to financial settlements, the court assesses several factors to ensure both parties’ needs are met fairly. These include:

• The financial needs, responsibilities, and obligations of both spouses.
• The welfare and needs of any children involved.
• Each party’s current and future earning capacity.
• The lifestyle enjoyed during the marriage.
•  The age of both parties and the length of the marriage.
•  The financial sacrifices made by either spouse.

If one spouse earns more in a marriage and the other has limited earning potential—perhaps due to raising children or supporting the family as a homemaker—the court may order spousal maintenance or adjust the division of assets to reflect this disparity.

What Financial Orders can the court make during a divorce?

When addressing financial inequality, the court has several tools to ensure fairness, including:

• Lump-Sum Payments: A one-time payment to support the financially weaker spouse.
• Property Orders: This may involve selling or transferring ownership of the family home.
• Pension Sharing Orders: Splitting pension assets to provide future financial security.
• Spousal Maintenance: Regular payments from one spouse to the other to meet ongoing financial needs

What is spousal maintenance?

Spousal maintenance is a payment made by one spouse to the other after a divorce. It’s intended to support the lower-earning spouse and can be awarded for a fixed period or, in rare cases, indefinitely.

When might spousal maintenance be awarded?

Spousal maintenance is usually awarded when there is a significant income gap, and one spouse cannot meet their reasonable financial needs without support. Common scenarios include:

• A spouse giving up career opportunities to care for children.
• Limited earning potential due to age, health, or lack of work experience.
• A stark disparity between the spouses’ future earning capacities.

How is the amount determined?

The court calculates the amount and duration of spousal maintenance based on each party’s financial situation at the time of divorce. Importantly, these arrangements are not set in stone—either party can request a variation or dismissal if circumstances change.

How is future income handled in divorce?

A frequent question we receive is: Will I share my spouse’s future income after divorce? While future income is not usually split directly, it can impact the court’s decision on spousal maintenance and the overall financial settlement.

For example, if one spouse is likely to earn a high salary in the future, the court may award the lower-earning spouse a larger share of the current assets or order ongoing maintenance payments.

Or if one spouse made sacrifices during the marriage, such as leaving their career to care for the family, the court may adjust the financial settlement to reflect this.

Divorce settlements when one spouse earns more

While it’s natural to focus on the immediate financial implications of divorce, the court’s primary goal is to ensure fairness and meet both parties’ reasonable needs. In some cases, this may mean an unequal division of assets or ongoing financial support to help the lower-earning spouse rebuild their financial independence.

At The Family Law Company, we understand that every divorce is unique. The specialist divorce and finance team have been supporting clients where one spouse earns more in a marriage than the other for over 30 years. Whether you’re concerned about your future income or your ability to meet financial needs, our specialist experienced team is here to help you navigate the process.

Need some advice? Get in touch today