Earn your own living, judge tells ex-wife

In a landmark decision yesterday the Court of Appeal rejected an appeal on the issue as to whether divorced stay at home wives should continue to benefit from generous and continuous maintenance payments from their former husbands where children of the family are aged over seven.

First featured in The Times, 24 February 2015

In a landmark decision yesterday the Court of Appeal rejected an appeal on the issue as to whether divorced stay at home wives should continue to benefit from generous and continuous maintenance payments from their former husbands where children of the family are aged over seven.

The fundamental question wrestled by the Court of Appeal was whether it was fair for a wealthy ex-husband to continue to fund a life of leisure for their ex-wives who, despite having children of school age, choose not to work. This decision is the first step towards self-sufficiency for women on the basis that despite being mothers, they are likely to have an earning capacity and therefore a responsibility to maintain themselves. It will be interesting to note how this decision will affect cases going forwards, in particular in cases where there are children of the family with disabilities or perhaps where the ex-wife is the main income provider.

There are many facts at play when considering the issue of spousal maintenance and the extent to which the former wife will now be expected to bring in an income. Mei-Ling McNab is a partner in the family team at Brachers whose comment on the above decision was referenced in an article on the front page of today’s Times.

If you have any questions regarding divorce and financial matters then please contact Mei-Ling McNab who would be pleased to discuss your issues.

Please click here to view the original article in The Times.

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