The law recognises that it would be unfair to set an order for spousal maintenance payments in stone, particularly given the possibility that the parties’ circumstances can easily change. By way of example, a paying party may lose their job or the receiving party may come into significant wealth. It would be very rare for a condition to be put in place preventing the ability to vary a spousal maintenance Order.
Most Orders made for spousal maintenance to be paid can therefore be varied. In the first instance, the parties are encouraged to try and agree a variation between themselves, or with the assistance of a solicitor or mediator. Where agreement cannot be reached, the parties can apply back to the court for a variation of the original order. There is a wide discretion of the court to vary an order, and applications of this type do carry some risk as there is no guarantee what a Judge may do, whether increase, decrease or cease entirely.
In the case of Waggott v Waggott [2018] EWCA Civ 727, the Court of Appeal rejected the wife’s application to increase her spousal maintenance payments. The court in that case however accepted the husband’s cross-appeal on the joint-lives term, ordering instead that the maintenance come to an end in 3 years time.
Taking early legal advice on the prospects of successfully increasing or decreasing spousal maintenance payments is crucial, enabling the parties to make an informed decision.
For more information about spousal maintenance, or if you want to organise an initial no obligation telephone call, please telephone Rowlinsons Solicitors and ask to speak to the Family Department.