Wind Of Change On Spousal Maintenance (Alimony)

Various reported cases in the English Family Courts over the last year indicate that the pejoratively termed 'meal ticket for life' may be on the wane. By way of short recap, the Court has a statutory duty in every case to consider whether or not a clean break can be achieved on the division (which can be unequal) of property and capital assets between spouses on divorce. Where that is not viable, the Court will look to meet needs through ongoing spousal maintenance orders (known elsewhere as 'alimony'). As regards duration, the Court can award spousal maintenance on a 'joint lives' basis requiring the payments to be made (pending any future variation or further terminating order) until one of the parties dies or the recipient remarries. Alternatively, the Court may limit the maintenance to a period of years, for example through to the payer's retirement or until the children reach an age where the recipient can transition to financial independence. The Court also has the power to impose a statutory bar on the extension of that term, or leave the term open to extension if circumstances justify. Historically, the courts have taken a cautious approach in tending to award 'joint lives' spousal maintenance orders, putting the onus on the payer to vary in the future. However, the tide now appears to have shifted towards term limited maintenance orders. The most recent headline grabbing case was Wright v Wright (2015) which attracted focus due to being strap-lined by the press as 'go get a job' - although this editorial licence somewhat masks the less abrupt reality of the decision. Pursuant to a court order made on a divorce in 2008, the husband (an equine surgeon whose earnings were approximately £150,000 net per annum) was required to pay spousal maintenance of £33,200 per annum (in addition to child maintenance and school fees for their two children aged 16 and 10). The wife who was 51 had in the past worked as a legal secretary and an administrator. At the original hearing, the District Judge had observed that once a child is in year 2 at school (ie, aged seven) most mothers can consider part time work consistent with their obligation to the children. The Judge awarded maintenance on a joint lives basis but commented that within two years of the order the wife should be able to make some financial contribution towards her own household expenditure.

In the vanguard of the more restricted judicial approach to spousal maintenance has been Mr...