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End of the meal ticket?


Although divorce law has for many years required the courts to consider terminating the financial dependence of one spouse on the other there have nonetheless been many cases in which ongoing orders for maintenance have been made.                

However there is potential for open ended maintenance orders to be terminated at any time and in the recent case of Mills (2018) the Supreme Court has confirmed that a spouse receiving maintenance who makes poor financial decisions should not expect to come back to court to ask for the payer to compensate for the effect of those poor decisions. Lord Wilson commented that it is incorrect for us to regard such orders as a “meal ticket for life”. The warning is that when equality of provision has been taken into account on divorce it will not usually be right to come back for a bit more equality!

Ian Stirzaker

Ian is the Senior Partner and Head of Family Law at SME Solicitors. Please contact him or Joanna Gardner for specialist help and advice in all aspects of family law at ian.stirzaker@smesolicitors.co.uk  or joanna.gardner@smesolicitors.co.uk

Added: 28 Feb 2019 14:50


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