Can Maintenance Be Denied If A Spouse Is Working?

While a spouse's employment may influence the court’s decision regarding maintenance (or alimony), it does not automatically result in the denial of maintenance. The court evaluates a variety of factors to determine whether a working spouse is eligible for maintenance and to what extent they may require financial support.

Can Maintenance Be Denied If A Spouse Is Working?

Income of the Working Spouse: If a spouse is working and earning a sufficient income to meet their needs, the court may reduce or deny maintenance. The key question is whether the working spouse has the financial means to support themselves without requiring assistance from the other spouse. If the spouse's income is enough to maintain a reasonable standard of living, the court may decide that maintenance is unnecessary or inappropriate.

Financial Needs and Responsibilities: Even if a spouse is employed, the court will assess their financial needs. For example, if the working spouse has significant expenses—such as caring for children, paying for healthcare, or pursuing education—they may still be eligible for maintenance, even if they have an income. The court considers whether their income is adequate to meet all these needs or whether additional support is necessary.

Income Disparity Between Spouses: If there is a significant income disparity between the spouses, the court may still award maintenance, even if the recipient spouse is working. For example, if one spouse is employed but their income is much lower than the other spouse’s, the court may determine that the working spouse requires maintenance to bridge the financial gap and maintain a similar standard of living post-divorce.

Standard of Living During Marriage: The court often aims to ensure that both spouses can maintain a comparable standard of living post-divorce, if possible. If one spouse was accustomed to a high standard of living due to the other spouse’s financial support, the court may award maintenance to the working spouse if their income is insufficient to maintain that same level of comfort or lifestyle.

Temporary Maintenance: If the working spouse is employed but in a lower-paying job or has limited earning potential (e.g., due to lack of education or work experience), the court may grant temporary maintenance while the spouse gains skills, education, or work experience to improve their financial situation. The goal is to support the spouse in becoming financially independent over time.

Self-Sufficiency and Time to Adjust: In some cases, the court may deny or reduce maintenance if the working spouse has had ample time to become self-sufficient but has not made efforts to improve their financial situation. For instance, if a spouse has been working but refuses to pursue better employment opportunities or further education, the court may consider this when deciding whether maintenance is appropriate.

Short-Term vs Long-Term Employment: Courts also consider the nature and duration of the employment. A spouse in a temporary or part-time job may still be entitled to maintenance if their employment is not sufficient to meet their needs. Similarly, if the working spouse’s employment is new or part-time, they may be granted maintenance until they can secure full-time or higher-paying employment.

Example:

If a wife is employed but working part-time as a teacher and earning a modest income, while her husband has a high-paying job and substantial assets, the court may still award maintenance to the wife to ensure she can maintain a similar standard of living as she had during the marriage. However, if the wife were to earn a full-time salary sufficient to cover her living expenses, maintenance might be denied or reduced.