Lifelong Spousal Maintenance – Landmark Ruling

Following a landmark ruling in the Court of Appeal in the case of Wright –v- Wright  the expectation for maintenance payments from former spouses to be in place for life has suffered a further blow, with the expressed view that such payments should in the correct circumstances be regarded as an aid to transition from dependence rather than a lifelong support.

Tracey Wright, ex-wife of millionaire horse surgeon, Ian Wright, divorced in 2008 following 11 years of marriage.  The family home was sold and Mrs Wright received an equal share of the 1.3 million proceeds.  Mr Wright was also ordered to pay an annual sum of £75,000 of which £33,200 was towards Mrs Wright’s personal upkeep.

Mr Wright applied to reduce his indefinite annual payment and it was ruled that the payments would gradually reduce and cease after five years.  Mrs Wright appealed.

Lord Justice Pitchford rejected Mrs Wright’s appeal against Mr Wright’s attempt to reduce his indefinite annual payment.

Lord Justice Pitchford said divorcees with children aged over seven should be working for a living. The judge ruled that “the order was never intended to provide the wife with an income for life”, adding that: “The time had come to recognise that, at the time of his retirement, the husband should not be paying spousal maintenance”.

Legal experts expect that this ruling will be replicated by family law courts across the UK.

For further advice on maintenance payments contact Margaret Porter or Dee Finnegan at Spectrum Family Law on 01279 799598.