Yes, women now have substantial career success, perhaps in comparison to 30, 40 years ago when the statute that determines the Matrimonial Causes Act was first drafted. But it’s now quite possible for a man to claim maintenance from his wife just the same way as it is for a wife to claim maintenance from her husband. It is however unusual. Ongoing maintenance claims for either spouse are now increasingly unusual as the court is much more likely to look at a rehabilitative period after the breakdown of the marriage where either party could retrain, or if you like, get themselves back into a position where they can maximise their earning capacity themselves. And in the first instance, if there’s available capital, the court will always look to a division of capital, which would mean that there would be no need for spousal maintenance. For example, one party might be rehoused mortgage free, while the other party with the higher income might have to achieve a mortgage.
