SM v BA (No 2: Maintenance Pending Suit) [2025] EWFC 28 (19 February 2025)

SM v BA (No 2: Maintenance Pending Suit) [2025] EWFC 28 (19 February 2025)

The reasonable and fair figure for maintenance pending suit is £29,750 per month, reflecting the marital standard of living, immediate needs, and the parties' historic financial arrangements, but not simply replicating the status quo or the applicant's claimed budget. The respondent's disclosure was not obviously deficient except in one area, justifying a robust assumption of additional available funds, but not to the extent claimed by the applicant. Backdating and reimbursement of deductions are not justified. The applicant is entitled to costs of the LSPO application, summarily assessed.

Citation
[2025] EWFC 28
Parties
Applicant: SM; Respondent: BA
Jurisdiction
England and Wales
Judgment Date
19 February 2025
Procedural Posture
Family Law Maintenance Pending Suit / Interim Application for Maintenance Pending Suit (mps) and Costs of LSPO Application
Outcome
Application for maintenance pending suit granted in part; costs of LSPO application awarded to applicant.
Legal Topics
Maintenance Pending Suit, Interim Financial Relief, Legal Services Payment Order, Standard of Living, Reasonableness, Costs
Family Law Maintenance Pending Suit Interim Financial Relief Legal Services Payment Order Standard of Living Reasonableness Costs

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Parties

SM

Applicant

BA

Respondent

Procedural Posture

Family Law Maintenance Pending Suit / Interim Application for Maintenance Pending Suit (mps) and Costs of LSPO Application

Legal Issues

  1. 1 What is the reasonable amount for maintenance pending suit (MPS) in the context of high net worth parties?
  2. 2 How should the marital standard of living and immediate needs be assessed for interim maintenance?
  3. 3 Whether the applicant is entitled to backdating or reimbursement of deductions?

Ratio Decidendi

The reasonable and fair figure for maintenance pending suit is £29,750 per month, reflecting the marital standard of living, immediate needs, and the parties' historic financial arrangements, but not simply replicating the status quo or the applicant's claimed budget. The respondent's disclosure was not obviously deficient except in one area, justifying a robust assumption of additional available funds, but not to the extent claimed by the applicant. Backdating and reimbursement of deductions are not justified. The applicant is entitled to costs of the LSPO application, summarily assessed.

Court Disposition

Application for maintenance pending suit granted in part; costs of LSPO application awarded to applicant.

Orders

  • Respondent to pay applicant maintenance pending suit of £29,750 per month, with specified expenditure to be paid directly by respondent.
  • No backdating of the order; no arrears payable.