Judges Order Maintenance Payments To Be Increased 15 Years After Divorce

A decision by judges sitting in the Appeal Court in London has attracted a considerable amount of controversy recently after a ruling that a woman should receive an increased amount of maintenance from her ex-husband, despite the fact that the couple divorced 15 years ago.

The case concerned Graham and Maria Mills, who married in 1998 and divorced in 2002, reports the Telegraph. The couple had one son together who is now an adult.

Financial Settlement

Under the terms of the financial settlement agreed at the time of the divorce, Mrs Mills, who used to be an estate agent, received a personal maintenance payment of £1,100 per month and the majority of the couple's "liquid capital", which amounted to around £230,000. Mr Mills, who was a surveyor, kept ownership of his business.

After the divorce, Mrs Mills invested her money in a series of unwise property purchases in an attempt to improve her situation. With each move she extended her mortgage liabilities and failed to recoup sufficient profit when the properties were sold. By the time she sold her last property, a two-bedroom flat in Battersea, she was in significant debt.

Both Parties Return to Court

Following the divorce, Mr Mills remarried and started a new family. In 2016, he went to court to request that his maintenance obligations come to an end so he could "move on with his life". Mrs Mills also went to court asking for a higher level of monthly maintenance payments. Neither was successful and both took their cases to the Court of Appeal.

Mr Mills' lawyer argued that he should not have to pay for his ex-wife's financial mistakes and that it was reasonable for him to want to move on with his life and bring her financial dependency to an end.

However, Mrs Mills' lawyer highlighted that her spending had not been "profligate or wanton" and that her ability to work had been affected by a number of health issues. He said that she was no longer able to afford to meet her "basic needs" and needed an increase in maintenance.

Ultimately the Court of Appeal judges ordered that Mrs Mills' monthly maintenance payments be increased to £1,441 until such...