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Seven Factors to Consider When Calculating Alimony in Hong Kong
When determining alimony (spousal maintenance), the court considers both parties’ situations under Section 7 of the Matrimonial Proceedings and Property Ordinance. Key factors include:
01
Overall Financial Situation
Income, assets, savings, and liabilities of both parties.
02
Financial Responsibilities
Ongoing financial obligations, including childcare and other dependents.
03
Pre-Divorce Living Standard
The lifestyle both parties maintained during the marriage.
04
Age and Length of Marriage
Age of both spouses and how long they were married.
05
Physical or Mental Health
Any disabilities or health conditions affecting earning capacity.
06
Contributions to Family
Both financial and non-financial contributions, such as raising children or managing the household.
07
Future Financial Needs
Expected benefits or needs after divorce, including housing and support.
What Affects Alimony Calculations in Hong Kong Divorce?
01
Interim Maintenance (During Divorce Proceedings)
Temporary payments made before the final divorce order is issued.
02
Periodic Payment Order
Regular payments for a set period, ending if the recipient dies or remarries.
03
Secured Periodic Payments
If there’s risk the payer won’t comply, the court can secure payments against specific assets.
04
Lump Sum Order
A one-time fixed payment, often linked to a “clean break.” It cannot be changed later.
05
Property Transfer Order
One party must transfer assets such as property, cars, or shares to the other party.
06
Settlement Order
Assets are placed in a trust for the benefit of the other spouse or children.
07
Variation of Property Settlement Order
Rare cases where the court changes an existing trust to reflect new financial realities.
How to Apply for Alimony in Hong Kong
If both parties agree on alimony, they can submit their agreement to the court for approval. If not, one party must file a claim, and the court will decide based on evidence and financial information.
01
Assess Family Assets
The court reviews both parties’ income, earning capacity, property, and financial resources.
02
Evaluate Financial Needs
Consider housing, age, health, future income potential, and care responsibilities.
03
Apply the Equal Division Principle
If assets exceed basic needs, the court usually splits them equally — unless there are serious reasons for unequal distribution.
04
Consider Conduct
(If Relevant)
Only in extreme cases of serious misconduct will behavior affect asset division.
05
Submit Financial Disclosure
Both parties must complete a Statement of Financial Status (Form E), detailing all assets and liabilities.
06
Court Decision
The court will balance all factors and issue a final order, explaining its decision if assets are not divided equally.
One-Stop Maintenance Calculation
Complete support for alimony assessment and divorce procedures.
- Consultation with our divorce team
- Drafting all required divorce documents
- Alimony assessment and calculation
- Advice on matters involving illegitimate children
- Evaluation of unreasonable behavior claims
- Custody order modification assistance
- Unlimited phone consultations until your case is resolved
Divorce Procedures
To file for a quick divorce, at least one of the following must apply:
What Is Nominal Maintenance?
A symbolic order where one party pays HK$1 per year to keep the right to claim alimony in the future. It offers financial security without immediate payment but can be changed later.
What Is Nominal Maintenance?
How to Collect Owed Alimony?
-
Judgment Summons:
- Apply to court. The payer may be ordered to pay or even face imprisonment if they refuse.
- Attachment of Income Order:
- The court can deduct maintenance directly from the payer’s salary.
-
Injunction to Prevent Leaving Hong Kong:
- As a last resort, the court may prohibit the payer from leaving Hong Kong until payments are made.
How to Collect Owed Alimony?
Can Men Claim Alimony?
Yes. Under Hong Kong law, both spouses have equal rights to claim maintenance, based on financial ability.
Can Men Claim Alimony?
How Is Child Support Assessed?
- Based on the child’s needs, both parents’ financial situations, and custody arrangements.
- Covers children under 18, but payments may continue if the child is in education, training, or has special needs.
- Our team provides full support in calculating, applying for, and enforcing both alimony and child support orders.
How Is Child Support Assessed?
Our Divorce Services
We combine family law expertise with personalized guidance and practical solutions for every client.
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Fast, discreet handling of all divorce applications and related matters.
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We help calculate fair alimony payments — whether agreed upon or decided by court.
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Support in securing custody arrangements, including sole or joint custody as approved by the court.
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Expert consultation on divorce procedures across both legal systems, tailored to your specific situation.
Three-Step Support Consultation Process
If both parties agree on alimony, they can submit their agreement to the court for approval. If not, one party must file a claim, and the court will decide based on evidence and financial information.
01
Understand Your Situation
Get clear guidance on your marriage status through our online system or direct consultation. We offer personalized advice with empathy and care.
02
Transparent Costs & Process
We provide affordable, transparent fees and explain all expected outcomes upfront — so you always know what to expect.
03
Ongoing One-to-One Support
For over seven months, a dedicated specialist manages your case, handles document preparation, and keeps you updated until your divorce is complete.
Family Income vs. Alimony in Hong Kong
When calculating alimony, the court considers not just assets and income, but also expenses and financial responsibilities. Agreements on alimony must be made before filing for divorce; otherwise, claims cannot be made afterward.
Alimony by Family Income Level:
Low-Income Families:
If both parties have limited income, alimony may not apply. However, if one spouse can afford to pay, the court may still order maintenance — especially to protect children’s welfare.
Middle-Class Families:
When there are savings or surplus assets, the court ensures a fair distribution based on each party’s financial needs and contributions.
Wealthy Families:
In high-asset divorces, the focus shifts to maintaining lifestyle standards and applying the principle of equal division. Both spouses can expect a fair share, reflecting their joint contributions during the marriage.
More Alimony FAQs
The Family Court considers:
- Income, earning capacity, property, and financial resources
- Financial needs and responsibilities
- Pre-divorce standard of living
- Age, marriage duration, health conditions
- Contributions to family welfare
- Loss of benefits due to divorce
- Overall conduct and case circumstances
Support can be arranged as:
- Periodic payments
- Secured payments
- Property sale or adjustment orders
No. Hong Kong courts focus on fairness, not personal behavior, unless conduct is extremely serious.
It’s financial support paid to a spouse after separation or divorce to cover necessary living expenses.
Yes, possibly. The court values both financial and non-financial contributions (e.g., childcare, housework) equally.
For marriages over three years, alimony may be ordered until the spouse remarries or reaches age 65.
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We provide complete support for all types of divorce cases — including unilateral divorce, quick divorce, standard divorce procedures, and separation-based divorce. Our team is committed to helping clients overcome challenges at every stage with care and efficiency.
If you need assistance, contact us today for professional guidance.