KG v NB

KG v NB

The respondent's cohabitation constitutes a relevant change in circumstances but, given the cohabitee's current contributions, the respondent's health, and the impact of inflation, there is no justification for an immediate reduction in maintenance. A reduction to £750 per month is appropriate from the sale of the property or 1 September 2026, reflecting anticipated reduced housing costs and ongoing needs. The respondent's earning capacity has not materially improved, and the cohabitee is not expected to contribute more. The applicant can afford the current maintenance.

Parties
Applicant: KG; Respondent: NB
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Family Law Application to Vary Periodical Payments / Final Judgment After Contested Hearing
Outcome
Application to vary periodical payments partially allowed
Legal Topics
Variation of Periodical Payments, Cohabitation, Maintenance, Clean Break, Earning Capacity
Family Law Variation of Periodical Payments Cohabitation Maintenance Clean Break Earning Capacity

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Parties

KG

Applicant

NB

Respondent

Procedural Posture

Family Law Application to Vary Periodical Payments / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the respondent's cohabitation constitutes a change of circumstances justifying variation of maintenance
  2. 2 Whether the respondent's earning capacity has improved to justify a reduction in maintenance
  3. 3 Whether the cohabitee should contribute more to the household

Ratio Decidendi

The respondent's cohabitation constitutes a relevant change in circumstances but, given the cohabitee's current contributions, the respondent's health, and the impact of inflation, there is no justification for an immediate reduction in maintenance. A reduction to £750 per month is appropriate from the sale of the property or 1 September 2026, reflecting anticipated reduced housing costs and ongoing needs. The respondent's earning capacity has not materially improved, and the cohabitee is not expected to contribute more. The applicant can afford the current maintenance.

Court Disposition

Application to vary periodical payments partially allowed

Orders

  • Maintenance to continue at current rate until the youngest child leaves secondary education or 1 September 2026, whichever is earlier, then reduce to £750 per month until 2036 clean break.
  • No immediate reduction or repayment of overpaid sums.