SS v NS ======= SS v NS: the shift in approach to spousal maintenance ----------------------------------------------------- The case of [*SS v NS*](https://www.bailii.org/ew/cases/EWHC/Fam/2014/4183.html) is a recent judgment from Mr Justice Mostyn which shows the changing approach of the courts to [spousal maintenance](https://vardags.com/law-guide/basic-principles/spousal-maintenance-alimony-in-divorce). The husband and wife were 40 and 39 respectively, and had been together for 11 years. The husband worked in [banking](https://vardags.com/team/specialist-divorce-lawyers/divorce-lawyers-for-bankers). Though he was very successful, he was reducing his work load due to ongoing health concerns. The wife had not worked since the birth of the first child, but had taken on part-time work during the course of proceedings. **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") The judge considered the legal and ethical basis for [spousal maintenance](https://vardags.com/law-guide/basic-principles/spousal-maintenance-alimony-in-divorce), and summarised the case law to-date. He found that an order for maintenance could only be made where there were income needs to be met and should be focused on facilitating the transition to independent living. The judge put forward 11 principles which decisions relating to the provision of maintenance should address, including when it would be appropriate for there to be a ["clean break"](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/clean-break-settlements) (*i.e.* a maintenance order coming to an end). These are: 1. An application is more likely to be successful where it can be evidenced that decisions and choices made during the marriage have led to future needs of the recipient, such as the length of the marriage and the existence of children. 2. Consideration of a clean break must be made and therefore an award should only be made by reference to needs even when the 'sharing' or 'compensation' principles apply. 3. Very rarely will an order be made for spousal maintenance where the need itself is not connected to the marriage, though this might include an order to alleviate significant hardship. 4. In every case the court must consider ending spousal maintenance with a transition to independence as soon as it is just and reasonable, even if there may be a degree of minor hardships in the transition period. 5. The starting point should be a presumption that the length of the payment term can be extended, unless a joint lives order can be significantly justified. 6. The length of the marriage and standard of living is relevant but is not decisive. 7. A judge examining the needs for the recipient should not only look at their suggested budget but should stand back and look at the global total, to see if the sum requested represents a fair proportion of the payer's available income. 8. Where the income of the payer is comprised of a basic salary and a discretionary bonus, the award may be split between the two with the more substantive needs being met from salary and discretionary items over and above such needs from bonus payments, usually expressed as a percentage with a cap. 9. Where there is an application to extend the term for payment an assessment will be required whether, at the time the original order was made, there was an expectation of the ability of the payee achieving independence, and if so why. 10. On an application to discharge a joint lives order, the court should look at any original assumption that it was too difficult to predict eventual independence. 11. If the choice between an extendable and a non-extendable term is finely balanced, a decision should normally be made in favour of the economically weaker party. You can read the judgment in full [here](https://www.bailii.org/ew/cases/EWHC/Fam/2014/4183.html). About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Types of Spousal Maintenance Orders in the UK](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-different-types-of-spousal-maintenance-orders "Types of Spousal Maintenance Orders in the UK") [Varying spousal maintenance](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/varying-spousal-maintenance "Varying spousal maintenance") [What is spousal maintenace (alimony) in divorce?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/spousal-maintenance-alimony-in-divorce "What is spousal maintenace (alimony) in divorce?") Glossary Reference ------------------ ### Periodical payments A regular payment made from one party to another. Can be in relation to child or spousal maintenance. Also known as: maintenance payments ### Spousal maintenance Payments made by the higher earning spouse to their ex-partner, after the breakdown of their marriage. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- The team who supported my case at Vardags over several months, led by Nikki Hale (Senior Associate), were outstanding. Nikki navigated me through unchartered territory with expert counsel. It was a blend of confidence, honesty... and objectivity with my best interests always in mind. Further to the professional qualities Nikki and her team possess, they were so personable and I felt they really appreciated and considered any emotional or sensitive matters. I have since recommended Niki and Vardags to friends which is the greatest compliment I can pay. Philip Rogers What should have been the worst year of my life was resurrected by this firm. The Manchester based team of Anne-Marie Bradley and Kate Taylor were exceptional. They treat you as a human being rather than a client. I can't thank... them enough for all their expertise, choice of barrister and expert witness. If I am ever unlucky enough to repeat this horrible episode, they will be my first port of call. Can't recommend these two enough. Mark Gallagher Throughout my time using Vardags I felt that I have always been in the best possible hands. I enjoyed an excellent level of service and received accurate and precise legal advice. The lawyers are hugely talented, sensitive and... focused on getting the very best results. Their no-nonsense and direct approach is most valuable when time and costs are of the essence. I highly recommend them over and above any other law firm I have ever dealt with. Thank you Vardags. Valerie Knowledgeable, respectful and empathetic service and team. Michelle Ravden Getting any kind of family problem is really when you are at your most vulnerable variables and their whole team were incredibly supportive, kind, attentive and caring throughout the entire experience. The whole team were... incredibly supportive, kind, attentive, and caring throughout the entire experience. Geeta Sidhu-Robb Immediate advice was gratefully received. No hesitation in recommending Vardags. 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