The Court of Appeal has rejected an appeal from the ex-wife of a racehorse surgeon, as she sought to challenge a decision which would significantly reduce her future maintenance. Following the parties separation in 2008, the former matrimonial home was ordered to be sold and the proceeds divided. Mrs Wright was awarded a £450,000 mortgage free home with stabling for her horse and her daughters’ ponies and Mr Wright was also ordered to pay her and the children £75,000 a year in maintenance and school fees (£33,200 of this was spousal maintenance for Mrs Wright). Mrs Wright chose not to work after the end of the marriage, preferring to be a stay-at-home mum. Last year Mr Wright sought a reduction in the payments to Mrs Wright as he thought it was not fair that he was expected to support Mrs Wright for life, especially after his proposed retirement.
The Court of Appeal has upheld the decision of the High Court that Mrs Wright’s personal maintenance payments should cease, subject to a tailing-off over a five-year period leading up to Mr Wright’s retirement. Lord Justice Pitchford, hearing Mrs Wright’s appeal against that order, said that Mrs Wright should get a job and ‘just get on with it’ and seek a job like a number of other women with children. Lord Justice Pitchford also stated that divorcees with children aged over seven should work for a living and was critical of the fact that Mrs Wright ‘…had done nothing since 2008 to look for, retrain or to prepare herself for work’.
This case, amongst other recent judgments such as SS v NS [2014], shows that there seems to be a change in the way the Family Courts are now looking at spousal maintenance. Considering the recent line of authorities, it seems that divorcing spouses cannot realistically expect to have their income needs met by their former partner for many years after the divorce, especially in cases where they can reasonably be expected to go out to work. The courts are increasingly of the opinion that an unwillingness to work is not a good enough reason to expect maintenance payments to continue longer than is necessary.
For advice and guidance on spousal maintenance, financial arrangements on separation, or to discuss your current situation, please contact our specialist Family Law lawyers on 0161 927 3118 for a free 20 minute consultation.
