In previous years, the High Court, Court of Appeal and Supreme Court have had a degree of sympathy for spousal maintenance.  Spousal maintenance is maintenance that is paid by either the husband to the wife or the wife to the husband.  In a case last week however, it appeared that the Court of Appeal are having a change of heart.

The main Judge dealing with the case, Lord Justice Moylan, heard a case in which a wife had applied to the Court to increase annual payments.  The husband then challenged the award.

Kim Waggott had received a divorce settlement of £9.76 million and £175,000 per year maintenance from her husband after she had divorced him in 2012.

She had applied for an increase in those payments but the Judge refused it. In the circumstances, the Judge stated that the payments of £175,000 should stop in March 2021 and that Mrs Waggott could make up the shortfall from losing her annual payments by investing around 10% of her lump sum payment and using the interest to live on.

The Judge stated that increasing the earnings would undermine the Court’s ability to affect a clean break in a case where the extension was being asked to be applied to post separation earnings.

In the circumstances, this ruling does seem to indicate that the law relating to spousal maintenance is less generous than has previously been the case.

At the moment, the situation regarding maintenance orders does seem to vary across the country.  In some areas, the Courts are quite keen to make spousal maintenance orders for life and in other areas, they appear to be unobtainable.

Vicky Medd is a family solicitor, mediator and partner at Ridley & Hall. If you require legal help or advice, please get in touch with Vicky on 0800 8 60 62 65.

Vicky Medd Partner – Family & Matrimonial