Clean Break Order or Spousal Maintenance: Which Is Right for You?

The information in this article is not intended to be legal advice, and you should not take it as such. Please always seek independent legal advice from family law solicitors before making important decisions.

Which Option Is Right For You?

In short, choose a clean break if:

• Both spouses can support themselves immediately
• You have sufficient assets to divide fairly
• You want complete financial independence
• The marriage was relatively short
• You’re willing to accept a final settlement

Choose spousal maintenance if:

• One spouse cannot work due to caring responsibilities
• There’s a significant income gap that won’t close
• One spouse needs time to retrain or find work
• Health or age makes employment impossible
• Assets are insufficient to meet both parties’ needs

Your Two Options Explained

Clean Break Order: A clean break order offers a one-time financial settlement. No future payments and complete financial independence. It cannot be changed later if one party changes their mind, for example.

Spousal Maintenance: Regular monthly payments, which continue for a set period or indefinitely. Parties stay financially connected after the divorce. It can be varied if circumstances change.

Which Situation Are You In?

The right option depends on your circumstances. Here are the most common situations and what typically works best.

Both Spouses Work Full-Time

Best option: Clean break

You both earn similar incomes and can support yourselves. You have jobs with career progression. Neither of you needs ongoing financial support from the other.

A clean break lets you divide assets fairly and move on, which is one of the main benefits of a clean break divorce. You split the house equity, pensions, and savings. After that, you’re financially independent. This is the simplest and cleanest solution.

Example: Sarah and Tom both work as teachers, earning £35,000 each. They’ve been married for 8 years. They sell their house, split the proceeds, and divide their pensions. Neither pays maintenance.

One Spouse Stayed Home to Raise Children

Best option: Fixed-term maintenance (then clean break)

One of you left work to care for children. You have limited recent work experience. You need time to retrain or rebuild your career. But you’re capable of working eventually.

Spousal maintenance for a fixed term may make sense. This gives you 3-7 years to get back on your feet. The paying spouse knows when payments will end. Courts often include a clean break clause preventing extension.

Example: Emma hasn’t worked for 12 years while raising three children. Her ex-husband earns £65,000. She receives £1,500 monthly for 5 years while she re-trains as a nurse. After 5 years, maintenance ends.

Short Marriage, Limited Assets

Best option: Clean break

You’ve been married for less than 5 years. You don’t own property together. You both worked during the marriage. Neither of you sacrificed your career for the relationship.

A clean break is straightforward. Split any joint savings or possessions. Each keeps their own pension, and there are no ongoing payments. Both parties continue as they were before marriage.

Example: James and Lisa have been married for 3 years. They rent a flat. They split their £8,000 joint savings. Both keep their jobs, and no maintenance is needed.

Long Marriage with Substantial Assets

Best option: Clean break with unequal asset split

You’ve been married 20+ years. You own valuable property and have significant savings. One spouse earns much more, but there are enough assets to support both of you.

The lower earner takes a larger share of assets instead of maintenance. This might mean keeping the family home or getting 60-70% of the savings. The capital generates income or reduces housing costs.

Example: After 25 years of marriage, Rachel gets the £400,000 house and £80,000 savings. David keeps his larger pension and £50,000 savings. Rachel’s housing costs are covered, and she has capital. No maintenance is needed.

Splitting assets in divorce doesn’t mean 50/50 of everything.

Older Spouse with No Career Prospects

Best option: Joint lives maintenance

You’re over 55 and haven’t worked for decades. You have no realistic prospect of employment. Health issues limit your options. You’ll never be financially self-sufficient.

Ongoing maintenance until death or remarriage is appropriate. The paying spouse has a permanent obligation. This recognises that you sacrificed career opportunities and cannot recover them.

Example: Patricia is 58 and hasn’t worked since age 30. She has arthritis and limited education. Her ex-husband earns £80,000. She receives £2,000 monthly until she remarries or dies.

Caring for a Disabled Child

Best option: Long-term or joint lives maintenance

One spouse cares for a severely disabled child full-time. This caring responsibility will continue indefinitely. Working full-time isn’t possible. The caring parent needs ongoing financial support.

Maintenance continues while caring responsibilities exist. The amount should cover living costs and recognise the caring work. A clean break isn’t fair when one parent cannot work due to child care needs.

Example: Michael cares for their severely disabled daughter full-time. His ex-wife earns £75,000. He receives £1,800 monthly to cover his costs while providing essential care.

Business Owner or High Earner

Best option: Clean break (paying spouse’s preference)

One spouse owns a business or has high earning potential. Income might increase significantly. You want to protect future earnings from claims. You’re willing to pay more upfront to achieve this.

A clean break with a generous lump sum protects future earnings. The receiving spouse gets immediate capital. The paying spouse secures their business and future income. Both parties benefit from certainty.

Example: David owns a growing tech company currently worth £800,000. He pays his ex-wife £450,000 as a lump sum. She cannot claim more if the business becomes worth £5 million.

What Happens To A Business in Divorce? Learn Your Rights

Health Issues Preventing Work

Best option: Joint lives maintenance

You have a chronic illness or disability that prevents employment. Medical evidence confirms you cannot work. Your condition is permanent. You need ongoing financial support.

Maintenance continues indefinitely because circumstances won’t change. A clean break isn’t appropriate when you cannot become self-sufficient. The maintenance level should meet your reasonable needs.

Example: Karen has multiple sclerosis and uses a wheelchair. She cannot work. Her ex-husband earns £55,000. She receives £1,400 monthly to cover her living and care costs.

Key Practical Differences

• Payment structure: Clean break means one lump sum or asset division. Maintenance means monthly payments of a set amount.
• Future contact: Clean break eliminates financial contact. Maintenance requires ongoing coordination of payments.
• Changing circumstances: Clean break cannot be changed. Maintenance can be varied up or down if situations change significantly.
• Future assets: With a clean break, your future inheritance or lottery win is yours alone. With maintenance, your ex-spouse might claim more.
• Getting mortgages: If you pay maintenance, lenders count it as an expense, reducing what you can borrow. A clean break gives you more borrowing capacity.

When a Clean Break Might Not Be Suitable

Clean break orders don’t work for everyone. They’re generally unsuitable when there’s a significant income disparity and one spouse can’t become financially independent.

If one spouse has caring responsibilities for young children or disabled family members, ongoing maintenance may be necessary. The spouse caring for children or family members might not be able to work full-time to support themselves.

Health issues can also make clean breaks impractical. If one spouse has a limited earning capacity due to disability or illness, they may need long-term financial support.

Age is another factor. An older spouse who hasn’t worked during the marriage may struggle to enter the job market. Ongoing maintenance, in this scenario, might be fairer.

How to Achieve a Clean Break Settlement

Both parties must agree to a clean break. You can’t force your spouse to accept one. The agreement must also be fair and meet both parties’ needs.

You’ll need to disclose all your assets and liabilities. This includes property, pensions, savings, investments, and debts. Full financial transparency is essential.

Once you agree terms, your solicitor will draft a consent order. This document details how assets will be divided and confirms the clean break.
A court must approve this order to make it legally binding.

The court will only approve a clean break if it’s fair to both parties. Judges consider factors like earning capacity, age, health, and contributions to the marriage.

Common Types of Spousal Maintenance

• Term maintenance: Payments for a fixed period (typically 3-10 years). Designed to give you time to become self-sufficient. Often includes a clean break clause preventing an extension.
• Joint lives maintenance: Payments continue until death or remarriage. No fixed end date. Used when you’ll never become financially independent.

What Happens If You Can’t Agree?

If you disagree about which option to pursue, the court will decide. Judges consider factors like earning capacity, age, health, length of marriage, and standard of living.

Courts prefer clean breaks when possible, but they won’t order one if it leaves one spouse unable to meet their needs. The court’s primary concern is ensuring fairness to both parties.

Getting legal advice early is essential. A solicitor can assess your situation and explain what courts typically order in cases like yours.

Divorce-Online Can Help You

The right option depends entirely on your circumstances. Look at your situation realistically. Can you both support yourselves? If yes, a clean break works. If no, maintenance is necessary.

You need to be aware of the advantages and disadvantages of a clean break order before jumping the gun, because it could end up costing you in the financial settlement.

Most divorcing couples fit clearly into one of the scenarios described above. Identify which situation matches yours. That tells you which option makes sense.

Get professional advice before finalising anything. A family law solicitor can review your specific circumstances and ensure you make the right choice for your financial future.