Zhaolong Li (known as Nathan Li) v Oliver Benjamin Simons
[2023] EWHC 1626 (Fam)
KG v NB
28 September 2023
[2023] EWFC 160 (B)
Family Court
A husband wanted to lower his alimony payments to his ex-wife because she's living with someone else. The judge said he had a point, but the wife's health problems and the fact her new partner helps a lot mean the payments will only be lowered a bit, starting when their youngest child finishes school.
Key Facts
- •Applicant seeks to vary a 2019 consent order's periodical payments to Respondent.
- •Order involves monthly maintenance of £1500 until March 2027, then £1250 until March 2036.
- •Applicant cites Respondent's cohabitation and alleged higher earning capacity as grounds for variation.
- •Applicant proposes immediate reduction to £625 per month, ending in 3 years.
- •Respondent opposes variation, except for crediting any post-hearing benefits.
- •2021 order modified the 2019 order, keeping maintenance unchanged, but included a cohabitee's significant financial contribution to the property.
- •The property is to be sold in summer 2026, with proceeds distributed after repayment to the cohabitee.
- •Respondent has health issues impacting her ability to work.
- •Cohabitee contributes financially and practically to the household.
Legal Principles
Power to vary an existing order.
Section 31(1) and (2) MCA 1973
Court considers all circumstances, prioritizing child welfare, and any changes since the original order.
Section 31(7) MCA 1973
Court considers whether a clean break is appropriate without undue hardship.
Section 31(7) MCA 1973
Cohabitation is a change in circumstances, but its weight depends on the facts.
Atkinson v Atkinson [1988] Fam 93, Fleming v Fleming [2003] EWCA Civ 1841, Grey v Grey [2009] EWCA Civ 1424
Outcomes
Applicant's application for variation is partially granted.
Cohabitation is a relevant change in circumstances, but Respondent's health issues and limited earning capacity limit the extent of reduction.
Maintenance will reduce to £750 per month no later than September 1, 2026 (when the youngest child leaves secondary education).
This reflects the anticipated changes in circumstances after the property sale, considering the cohabitee's contributions and the reduction in child maintenance.
Until September 1, 2026, maintenance remains at the current rate.
The court finds the current rate is justified given the Respondent's health, limited income potential, and the current cost of living.