WK v GC [2023] EWFC 151 (B) (28 April 2023)

WK v GC [2023] EWFC 151 (B) (28 April 2023)

The wife's ongoing income needs were assessed at £50,000 per annum, of which she could provide £25,000 from her own resources. The husband's obligation to pay spousal maintenance should be capitalised by a lump sum of £314,500, after which a clean break is appropriate. The wife is not required to downsize or rely on speculative inheritance. The husband's open offers were unreasonably low, justifying a partial costs order against him.

Citation
[2023] EWFC 151 (B)
Parties
Applicant/respondent (wife): WK; Respondent/applicant (husband): GC
Jurisdiction
England and Wales
Judgment Date
28 April 2023
Procedural Posture
Financial Remedies (variation/capitalisation/discharge of Spousal Periodical Payments) / Final Hearing and Judgment
Outcome
Application granted in part; spousal maintenance capitalised and discharged; clean break ordered; partial costs order against husband.
Legal Topics
Spousal Maintenance, Variation of Periodical Payments, Capitalisation of Maintenance, Clean Break, Pension Sharing, Needs Assessment, Costs Orders
Family Law Spousal Maintenance Variation of Periodical Payments Capitalisation of Maintenance Clean Break Pension Sharing Needs Assessment Costs Orders

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Parties

WK

Applicant/respondent (wife)

GC

Respondent/applicant (husband)

Procedural Posture

Financial Remedies (variation/capitalisation/discharge of Spousal Periodical Payments) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the existing spousal periodical payments order should be varied, capitalised, or discharged
  2. 2 Whether a lump sum or pension sharing order should be made in lieu of ongoing maintenance
  3. 3 Assessment of the wife's ongoing income needs and earning capacity

Ratio Decidendi

The wife's ongoing income needs were assessed at £50,000 per annum, of which she could provide £25,000 from her own resources. The husband's obligation to pay spousal maintenance should be capitalised by a lump sum of £314,500, after which a clean break is appropriate. The wife is not required to downsize or rely on speculative inheritance. The husband's open offers were unreasonably low, justifying a partial costs order against him.

Court Disposition

Application granted in part; spousal maintenance capitalised and discharged; clean break ordered; partial costs order against husband.

Orders

  • Husband to pay wife a lump sum of £314,500 within 14 days (or as otherwise directed) in full and final settlement of spousal maintenance.
  • Upon payment, all spousal maintenance obligations cease and a clean break is imposed.