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Ex-wife receives payment 3 decades after divorce
Thu 01 Apr 2010
The ex-wife of a wealthy barrister has received a lump sum payment of £215,000 from her former husband - nearly three decades after they split.
Philippa Vaughan went to the Court of Appeal after her ex-husband David applied for permission to stop paying her £27,000 a year in maintenance.
Mr Vaughan said he could not carry on paying her this amount of money, because he was about to retire and live off a much smaller income.
However, Mrs Vaughan appealed on the basis that not receiving the money would cause her financial hardship.
The Court of Appeal has ruled in her favour, although it rejected her original claim for £560,000.
David and Philippa Vaughan got married in 1967 and divorced in 1985, although they did not have any children.
Mr Vaughan later remarried and had two children with his second wife, both of whom now study at university.
According to Lord Justice Wilson, the payout is "small in the context of [his] overall wealth".
Carol Ellinas, a partner at Winckworth Sherwood Solicitors, commented: "Since the couple's divorce in 1985, the ex-husband has been paying ongoing maintenance to his former wife.
"Following a long marriage, maintenance can be for life if circumstances warrant this.
"Maintenance payments cease on re marriage.
"The ex-husband is now close to retirement so has applied to the court to terminate the payments.
"In return the former wife has applied for her maintenance to be capitalised.
"The court has calculated that she has ongoing financial needs which the husband can satisfy without causing him undue hardship.
"He now has a clean break and she has a fund which gives her a level of security for her future.
"When parties divorce if there is sufficient capital available, then maintenance can be capitalised at the outset, which is often preferable for both parties.
"The paying party has to accept that if they do pay off their ex-spouse with a large capital sum their ex is then free to remarry having received capitalised maintenance as well.
"In such circumstances it is essential that specialist legal advice is obtained."
