FCMC 10832 / 2008

[2025] HKFC 10

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NO. 10832 OF 2008

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JUDGMENT
( Variation of Maintenance )

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A. Introduction

1. By a Summons dated 12 April 2023 (“ the Summons ”), the Respondent (“ H ”) applied for a discharge of the monthly maintenance payable to the Petitioner (“ W ”) or a downward adjustment from HK$23,500 to a sum to be decided by the court to take effect from October 2019. This is H’s second variation application since the parties’ divorce was made absolute in 2009. W opposed.

2. Before trial, H offered to pay maintenance of HK$10,000 from July 2021 until he reaches the anticipated retirement age of 63 in February 2028.

3. W offered a variation of the maintenance to HK$22,500 from May 2023 (after the Summons) to be paid by H for the same period under the order currently in force, i.e. during the joint lives of the parties or until W remarries, whichever is the shorter.

4. H and W testified at the trial.

B. Background facts

B1. General background

5. H is 59 years old and W aged 53. The parties got married on 23 January 1994. They have a daughter (“ Daughter ”) born in 1997. The Daughter is now in late twenties and has gainful employment.

6. H was a director of a multi-national chain supply company. W was a merchandiser. In 2005, H had a job opportunity in Singapore. W quitted her job and moved to Singapore together with H and the Daughter.

7. The parties’ relationship deteriorated soon after they moved to Singapore. H formed a relationship with another woman. The parties separated in 2007. W returned to Hong Kong alone. She presented the divorce petition in 2008. Their 15 years [1] marriage was formally ended in 2009 upon the decree absolute was granted. By consent of the parties, the Daughter continued to reside in Singapore under the care and control of H.

8. W later took up self-employment as an insurance agent in Hong Kong.

9. H got married with Madam C in Singapore in 2011. They have an 11 years old son (“ the Son ”). Madam C, aged 45, is a university graduate. She used to work as a customer service executive with a monthly income of SGD4,000. She ceased to work and stayed as a full time housewife since November 2014. [2] H had not disclosed the assets of Madam C apart from their joint ownership of Bishan Property and Jewel Property.

10. In late September 2019, H lost his job at XXXXXXXXXXXXXXXXXXXX (“ J XXX ”). Since then, he had several job changes as fo