Husbands who pay spousal maintenance to their ex-wives may not know that they could potentially be liable to pay their ex-wife a further lump sum..

But only, if their ex wife asked the court to vary the maintenance and capitalise it.

I've acted for clients who've wanted to capitalise their maintenance payments, but it can only happen in cases where there are enough funds to do so.

The recent appeal case, below, emphasised that the compensation element is still relevant when a spouse applies for a variation. Furthermore, where a Judge assumes an interest rate on a spouse's capital, there can't be an industry standard yet neither can a Judge choose a figure at random.