Divorce settlement sees wife take ex-spouse to court for a share of all his earnings
Whenever a couple is going through a divorce, one of the main concerns is what affect it will have on their finances. Most of our clients are advised to enter into a financial settlement to legalise financial agreements.
A recent case has seen an ex-wife, who was awarded nearly £10 million in financial settlement through a Court Order, take her ex-husband back to court to request a share of all his future earnings. Her main argument was that were it not for her years of supporting her then husband, he would not be in the financial position that he is in now.
The husband’s solicitors argued that the original settlement which was agreed at court and should have finalised the case, was fair and just. His solicitors also argued that allowing an ex-spouse a claim to future earnings after settlement in court is not justified.
We advise our clients to always consider entering into a financial settlement order to prevent any future claims. This is a common example of ex-spouses in long marriages claiming for further entitlements.
It also raise concerns that final Court Orders may not be the end of ex-spouses making financial claims, and opens the floodgates for further financial claims to be brought before the Court in the form of periodical payments. The implication being that an ex-spouse could be expected to pay financial maintenance to an ex-spouse for life if the income levels are disproportionate.