Law Articles

Wright v Wright – capping spousal maintenance 08/12/2015

Mr and Mrs Wright married and separated in 2006. A financial order was made in 2008 which ordered the sale of the family home. The husband was an equine surgeon and the wife was a housewife who formerly had a career as a legal secretary which she gave up to raise the children. From the proceeds of the sale of the family home, the wife received a mortgage free house to accommodate her and the parties’ two daughters and the husband was ordered to pay spousal maintenance at a rate of £33,200 per annum until either party died or the wife remarried and an additional £10,400 per annum until the youngest of the children reached the age of 17.

In 2012 the husband applied to vary the order due to the fact that his income was not as high as had originally been anticipated and his outgoings were higher than when the original order was made. The increase in his expenses was partially due to the fact that, in the interim period, the parties had decided to send one of the children to an exclusive boarding school which the husband was paying for. The husband argued that there had been a material change in his circumstances since the original order was made and the court agreed