Author: Terrence Trainor In a recent High Court decision a wife was successful in convincing a panel of three High Court Judges to increase maintenance of £113,000 per annum (this being a global sum for the wife and children) to £195,000 per annum. In this instance, the wife was successful in increasing her maintenance substantially in light of the husband’s increase in wealth combined with his income increasing significantly from £552,000 gross per annum to £1.86 million gross per annum in the same period.  Importantly, the Court concluded the increase in income for the husband appeared secure and was likely to continue into the foreseeable future.  It therefore raises the question as to whether the Court would have reached the same conclusion if they felt the husband’s future income was susceptible to risk. Lord Justice Thorpe said the most important factor was the “husband’s greatly increased income” in finding that the original sum awarded had in fact been too small.  Interestingly, the Court was of the view the wife had a responsibility to operate a prudent economy with her finances and she must also anticipate a possible future fall in maintenance if the husband’s career was to faultier in the future. This case raises interesting questions and it would seem in the current economic climate with incomes falling or staying stagnant it will continue to fuel the number of applications being made to the Court to re-consider the issue of maintenance.

The rest is here:
Wife Awarded Greater Share of Husbands Future Income

Andria Bolton

Local Solicitors UK | Compensation Claims UK

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