Divorce ends your marriage — but it doesn’t automatically protect your income from future claims. Without a legally binding financial order, your ex may still have the right to claim part of your earnings, even after you’ve separated.
It’s a common misconception that once a divorce is finalised, all financial obligations are settled. In reality, unless a court order is in place, your former spouse could still make legal claims against your income or assets at any point in the future. Whether you’ve recently divorced or are planning ahead, protecting your income is one of the most important steps to securing your financial independence.
Divorce alone doesn’t end financial ties
When you receive your Final Order, your marriage is legally dissolved. However, this does not close the door on financial claims — including those related to future earnings, savings, or investments.
In England and Wales, financial claims remain open indefinitely unless they are formally closed by a court-approved order. That means your ex could return years later seeking spousal maintenance or a lump sum — especially if your income has increased since the divorce.
To prevent this, you need a Clean Break Order or Consent Order, depending on your situation.
Clean Break Orders: full protection for future income
A Clean Break Order is a legal document that ends all future financial claims between you and your ex-spouse. Once it’s approved by the court, neither of you can ask for money, income, or assets from the other in the future.
It’s called a “clean break” because it legally separates your finances — including any future salary increases, bonuses, business income, or inheritances.
This type of order is especially important if:
- Your income is likely to grow over time
- You’re self-employed or run a business
- You want full closure after divorce
- You’re planning to remarry or buy property
Without a Clean Break Order, your ex may be able to request a share of your post-divorce income at a later date — even if you thought everything was settled.
Consent Orders: agree now, protect later
If you’ve agreed to a financial arrangement — such as selling a home, transferring money, or dividing savings — you should formalise that deal with a Consent Order.
This order doesn’t just record the current agreement — it also protects your future income by clearly stating that no further claims can be made. The court must approve the order for it to become legally binding.
A Consent Order is especially useful when you’ve already agreed how to split things but want certainty that your ex can’t ask for more later — including income-related claims.
What about spousal maintenance?
If you are paying or receiving spousal maintenance, a Clean Break may not be possible immediately. However, in many cases, a delayed clean break can be agreed — for example, ending maintenance after a set period or when certain conditions are met.
Even if ongoing maintenance is required, it’s still important to have a court order in place. This ensures the amount, length, and terms are legally defined and prevents further unpredictable claims.
If no maintenance is required, a Clean Break Order can be granted immediately.
Can they really claim my income years later?
Yes — unless you have a financial order in place. In the absence of a Clean Break or Consent Order, your former spouse may apply to the court for:
- A lump sum
- Spousal maintenance
- A share of future income
- An order related to business earnings or property bought after divorce
There have been real-life cases where claims were made decades after the divorce, simply because no financial order was ever obtained.
The longer you wait to protect your income, the more exposed you may be — especially if your financial situation improves.
How Easy Separation UK can help
We help individuals and couples secure legally binding financial orders that protect your income and give you peace of mind for the future.
Whether you’re still going through divorce or finalised it years ago, we’ll:
- Draft a Clean Break or Consent Order based on your agreement
- Submit it to the court for approval
- Ensure your income, assets, and business are protected from future claims
- Handle everything online, with fixed fees and clear guidance
Protect your income before it’s too late.
Start your financial order with Easy Separation UK today.
