When a marriage has broken down the court has the power to make any orders about finances or property which seem to the court to be just, including maintenance orders. The court will look at every bit of property or capital owned by the husband or wife.
Each spouse must complete a document which gives a comprehensive account of his or her financial position. The court then looks at the facts of the particular marriage to help it decide what orders it can make which will be fair to everyone. When it does so, it has to keep in mind that if there are any children of the marriage, the interests of those children will be the most important consideration. This often means that the parent with children living with him or her will be more likely to keep the home, at least until the children have all finished their full-time education.