Alarm over court's divorce ruling

WEALTHY professionals, including City high-fliers, could find themselves forced to pay ex-spouses up to 50% of their future income following a landmark legal decision today.

The Court of Appeal ruled that the ex-wife of Arsenal and England footballer Ray Parlour was entitled to more than a third of his future earnings in maintenance, because she had contributed to the ongoing success of his career.

It is good news for Karen Parlour, who will see her personal maintenance payments rise from £250,000 a year to £405,00 a year. It comes on top of annual payments of £12,500 for each of the couple's three children and an initial settlement of property worth around £1m.

Yet the ruling is likely to be less welcome among high-earners and very wealthy couples, say experts. It was based on a concept known as 'surplus income', which in this case means the court found the Parlours had an income far greater than their actual needs, which should be divided among both equally.

The ruling sets a precedent, namely that the post-divorce income of a high-earning spouse should be divided 50-50, as other matrimonial assets are, in order to recognise the contribution of the other partner to the marriage.

This is subsequently expected to lead to an increase in the size of maintenance awards made in cases where one spouse has a very high income.

Specialist divorce lawyer, Vanessa Lloyd-Platt, of Lloyd Platt & Co, believed many wealthy men would be 'hysterical' at the potential outcome of the ruling.

'This could really hit the very wealthy hard when it comes to divorce settlements,' she said. 'However, it is a very important ruling because it is the first step and the first time the courts have recognised a woman‘s contribution to the marriage, by awarding up to 50% of the ex-husband‘s future income.'

Yet with the national average household wage coming in at just £29,374, the decision is unlikely to affect the vast majority of people getting a divorce.

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