SS v NS (Spousal Maintenance) [2014] EWHC 4183 (Fam) – Page 2

Periodical Payments: Road to independence

Lisa Bray summarises the current case law on joint lives periodical payments orders and considers whether there is an increasing trend towards term orders ‘While the starting point is to put each party on the road to independence, the reality is that in recent years we have seen many judges showing a reluctance to make …

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Bonus Payments: Setting limits

Helen Marriott highlights the challenges of dealing with bonus payments when assessing periodical payments ‘The periodical payments award may be partitioned, with needs being met from the base salary, and additional discretionary items being met from the bonus on a capped percentage basis.’Bankers’ bonuses frequently dominate the headlines and occupy the political platform. Bonuses may …

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Scotland: A different way

Philippa Cunniff contrasts the approach of the courts in Scotland to spousal maintenance to that of England and Wales ‘The Scottish courts have generally adopted a cautious approach to awards of periodical allowance, with the result that Scotland has gained a reputation for its lack of generosity towards the economically weaker spouse.’There is a general …

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Periodical Payments: Short-term solution

Camilla Thornton analyses recent decisions on maintenance and whether joint lives maintenance orders are facing extinction ‘A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part of the claimant.’ There seems to have been a sea-change in recent years with …

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