GUIDE • CHILDREN ARRANGEMENT SOLICITORS
High earners
Where one spouse earns a substantial income, divorce raises particular questions. How long will maintenance last? Will the other spouse share in future earnings? How are bonuses and share awards treated? The law applies the same principles to high earners as to everyone else, but the size and complexity of the income often make the outcome harder to predict. This guide explains the key issues for high earners and their spouses.
Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026
KEY POINTS
- Earning capacity is not a matrimonial asset, so a spouse does not have an ongoing right to share in future earnings.
- Income remains highly relevant to meeting needs, which are assessed by reference to the standard of living during the marriage.
- The court must consider a clean break, and maintenance is increasingly ordered for a fixed term.
- Maintenance can sometimes be capitalised into a single lump sum.
- A prenuptial or postnuptial agreement can provide greater certainty.
Will my spouse share in my future earnings?
Not automatically. In Waggott v Waggott [2018], the Court of Appeal held that earning capacity is not a matrimonial asset to which the sharing principle applies, even where it was developed during the marriage. Sharing should end at, or shortly after, the end of the relationship. However, a high income remains central to the court's assessment of needs, and may be used to fund maintenance where the other spouse cannot meet their needs from their own income and capital.
How is spousal maintenance assessed for high earners?
Maintenance is based on needs, not on a share of income. In high-income cases, needs are assessed generously, by reference to the standard of living during the marriage, but that standard is not guaranteed indefinitely. The court will look at what income is realistically available over time rather than a single exceptional year, and at the receiving spouse's own earning capacity. It must consider whether that spouse can adjust to financial independence without undue hardship, which is why maintenance is now often ordered for a fixed term rather than for life.
Can maintenance be paid as a lump sum?
Yes, where there is enough capital. Instead of ongoing payments, the court can order a single lump sum calculated to meet the receiving spouse's income needs for the relevant period, achieving a clean break. This is known as capitalised maintenance, and the amount is usually worked out using a Duxbury calculation, which assumes the fund is invested and gradually drawn down. A clean break gives both parties certainty, and protects the recipient against the paying spouse's future change in circumstances.
If you are a high earner, or married to one, and are considering divorce, please speak to one of our family solicitors.
How are bonuses, LTIPs and share awards treated?
Variable pay is often a large part of a high earner's remuneration. Bonuses already paid during the marriage are usually shared, while those earned after separation are more likely to be treated as the earner's own. Deferred awards, such as long-term incentive plans (LTIPs) and restricted stock units, are often apportioned according to how much of the vesting period fell within the marriage. Where maintenance is ordered, it may include a capped percentage of future bonuses. Our guide to salary, bonuses and shares explains these issues in more detail.
What about child maintenance and school fees?
Child maintenance is usually calculated by the Child Maintenance Service using a formula based on the paying parent's gross income, but only up to a set limit. Where income exceeds that limit, the court can order additional "top-up" maintenance. It can also order a parent to pay school fees and other education costs, which are often a significant item in high-income cases.
How can high earners protect their position?
A prenuptial or postnuptial agreement is the most effective way to provide certainty about how income and assets will be treated, and the court will usually give significant weight to one that is fair and properly made. During proceedings, providing full and clear disclosure, including realistic evidence of future income, avoids the risk of adverse inferences and costs.
Privacy is often a concern. Financial remedy proceedings are generally heard in private, but accredited journalists and legal bloggers can now attend many hearings and report on them, subject to a transparency order designed to protect anonymity. Resolving matters through negotiation, mediation or arbitration can offer greater confidentiality.
Common questions
A father with parental responsibility has the same say as the mother in major decisions about the child. There’s no automatic right to equal time, but the court starts from the position that a child benefits from both parents being involved, unless that would put the child at risk.
Cafcass is the Children and Family Court Advisory and Support Service, which represents children’s interests in family court cases in England. It carries out safeguarding checks and, where needed, prepares reports on the children’s welfare and wishes. In Wales, the same role is carried out by Cafcass Cymru.
IN THIS GUIDE
Will my spouse share in my future earnings?
How is spousal maintenance assessed for high earners?
Can maintenance be paid as a lump sum?
How are bonuses, LTIPs and share awards treated?
What about child maintenance and school fees?
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How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
