Should spousal maintenance be abolished? A modern perspective

Making the case for abolition and retention

clock • 4 min read

Spousal maintenance remains one of the most divisive issues in divorce cases. Here lawyers Amy Walpole and Karen Brennan make the case for and against its retention

The case for abolition One of the strongest arguments in favour of abolishing spousal maintenance is that it would encourage greater financial independence following divorce. The family courts already show an increasing preference towards transition-based awards designed to temporarily support the financially weaker spouse rather than provide lifelong support. Critics of ongoing maintenance argue that this can inadvertently discourage recipients from re-entering the workforce or pursuing career advancement or training. In contrast, it is argued that abolition would incentivise both ...

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