A retired divorced father of two independent adults has successfully obtained court permission to cease his monthly €385 maintenance payments to his ex-spouse. Ms Justice Nuala Jackson endorsed his appeal to revoke the spousal support on the grounds that his former wife’s income surpasses his. An order was initially established in 2005, favouring the woman and their then-dependent offspring, as part of the divorce settlement provisions.
However, since the children gained legal independence, the retired man was solely providing a spousal maintenance of €385 each month via his pension earnings. Several attempts were made to amend this decree, recently striving to eliminate the payment entirely. In December, the Circuit Court authorised a slight decrease in the amount, now €80 per week, which remains unimplemented, with the man remitting €385 monthly.
In retaliation, he brought the Circuit Court’s judgement to the High Court’s attention. In her recently released decision, Ms Justice Jackson upheld his appeal, after thoroughly analysing the Family Law Act (Divorce) 1996’s clauses on the rights to modify or terminate periodic support. The evaluation entailed determining significant alterations in both parties’ circumstances and scrutinising any fresh evidence to support potential changes in the maintenance agreement.
The judge highlighted extensive and substantial changes in the ex-couple’s circumstances since instating the support order in 2005. According to her, the woman had no external job during that period and her primary responsibility was caring for her children. She stated that both children have achieved tertiary education and are living their respective lives, with one still living at home but not significantly contributing to living expenses.
The judge acknowledged the ex-wife’s substantial fiscal responsibilities over the years, such as purchasing the man’s stake in their former marital home. She has also judiciously managed her funds to maintain a comfortable home environment. Meanwhile, the man was forced into early retirement due to an injury and faced financial difficulties, resulting in him opting for a personal insolvency agreement.
The judge was content that altered circumstances warranted a reassessment of ongoing alimony payments. She remarked it to be “worrisome and heartbreaking” that animosity still persisted between the estranged couple, which must be incredibly hard on their offspring. She advocated for both parents to endeavour towards a “more dignified” relationship.
It was observed by the judge that the female party has sustained employment outside of her household for a sizeable amount of time and showed considerable initiative in acquiring earnings from both her work and the family residence. After accounting for mortgage expenses, she has a monthly income of approximately €2,060.
When housing costs, alongside alimony payments, are subtracted, the male party’s monthly income, inclusive of social welfare, totals €1,933, the judge noted.
Scrutinising both incomes, and acknowledging that both parties have potential surplus earnings available via letting space within their properties, the judge decided to revoke the spousal alimony order due to the female earning more than the male.
During the proceeding, it was noted that the man suggested that the recovery of previous maintenance payments might be possible. The judge stated that she did not consider such a course of action to be suitable.