Will future earnings ever be shared after divorce?

Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e. they want to have a ‘clean break’.

However in most cases when marital assets are shared but the financially weaker spouse also needs additional financial assistance to meet their monthly financial expenses spousal maintenance is payable from earnings capital other sources of income or a combination of these. The quantum period and whether the term of maintenance is extendable is however case specific and based on judicial precedent.

Consequently in most cases it is needs and not sharing which determines whether there can be a clean break. But what if the matter involves more significant sums and there are sufficient marital assets at the time of divorce or dissolution to meet all the parties’ financial needs including their income needs.

When considering a clean break amortization tables are commonly used to establish what capital sum the weaker financial party requires to meet their needs. A question sometimes arises as to whether it is fair that the...

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