A wife’s application for interim maintenance was rejected in the recently reported decision of BD v FD [2014] EWHC 4443 (Fam) as her interim budget significantly exceeded the standard of living of marriage.

The husband’s case was that the wife’s budget was unsustainable because it was manifestly exaggerated and unrealistic. The maintenance sought by the wife was so far in excess of the standard of living during the marriage that it was unprincipled and unreasonable. The wife’s budget had included holidays and weekend breaks; clothes, shoes and jewellery; and outings, restaurants and entertaining which bore no reflection to expenditure incurred by the family during the marriage.

Mr Justice Moylan adjudged the wife’s budget included a significant element of forensic exaggeration, and that the amount sought substantially exceeded the marital standard of living. There would need to be some specific, powerful, justification for that standard being exceeded on an interim basis. In this instance, the husband was paying the wife sufficient maintenance to enable the wife to meet her reasonable income needs for herself and the children over the next year.