Those in the aviation industry may be familiar with the term “Aviation Induced Divorce Syndrome”. Whilst this term is bandied about flippantly, it is important not to lose sight of the very real impact long-term air travel can have on even the most secure and committed marriages. Pressures associated with air travel include demanding schedules, unsociable working hours and extensive periods away from home. All of which can place a significant strain on a marriage. It therefore comes as no surprise that those employed in the aviation industry are at a higher risk of divorce. Certainly, it is arguable that certain professions should come with a “marriage warning.”
Why is there such a high rate of divorce amongst pilots?
Each marriage is different and there are a whole host of reasons why a relationship may break down. That being said, any relationship which involves significant travel will bring with it unique challenges. These can include the following:
Regular periods apart
Absence doesn’t always make the heart grow fonder! Often, the spouse left at home is forced to accept responsibility for the lion’s share of childcare and domestic duties, whilst the other works away. This can leave them feeling neglected and resentful.
The couple may also find it difficult to adjust to living together again after prolonged periods of separation. Whilst apart, each spouse will adapt to independent living. They will develop their own routine and will make unilateral decisions on a day-to-day basis. However, when the couple resumes cohabitation, they will each need to revert to being one half of a partnership, adapt to the change of lifestyle and consider the needs/wishes of their partner. Constantly transitioning in this way demands considerable effort on both sides.
Added to this, inconsistent approaches to parenting can also cause friction, particularly if the returning parent is reluctant to follow the routine/rules imposed by the other parent whilst they are away.
Opportunities for extra marital encounters
The mere fact that one spouse is regularly away overnight, staying in hotels with colleagues of the opposite sex, can leave their partner feeling vulnerable, jealous or insecure. This in turn can lead to accusations and arguments, even where the accusations are completely unfounded and the other spouse has been 100% faithful.
Irregular and unpredictable working hours make it difficult to plan ahead
Special occasions, such as birthdays or anniversaries, can be missed. Again, this can be a source of upset and resentment.
Issues for pilots to consider on divorce
Although the above make the relationships of those in the aviation industry more challenging, that does not mean that they are doomed to fail. It is however important to recognise that things won’t always be plain sailing and it may sometimes be necessary to work on the relationship.
If the marriage does break down irretrievably then there are some specific issues pilots should consider when navigating divorce:
Jurisdiction
One of the first issues to consider is which court/country has jurisdiction in the divorce. In most cases, particularly where the parties continue to have their main residence in England and Wales, our courts are likely to have jurisdiction. This is however subject to the parties being able to prove that they are domiciled or habitually resident in England and Wales.
Often commercial pilots, and those employed by the military, choose to accept posts overseas and in such circumstances, the issue of jurisdiction may require more detailed consideration. It may be, for example, that more than one country has jurisdiction, and if so, it is important to seek specialist advice in each country which potentially has jurisdiction. This is sometimes referred to as forum shopping.
The approach taken in respect of divorce and family matters can vary widely from country to country, so it is essential to undertake some initial research before making any decisions as to whether to issue a court application. Certainly, it is worth exploring whether an advantage can be gained from issuing proceedings in one jurisdiction over another.
Our international divorce lawyers can advise you on any jurisdiction issues.
Inconsistent income and complex remuneration packages
Pilot salaries can vary dramatically and will depend on a number of factors such as rank, experience, flying hours, aircraft type, geographical location and the size of the airline. It follows that a senior captain will earn significantly more than a first officer.
Take home pay can also vary on a month-to-month basis depending on the benefits package of the individual concerned and may include items relating to per diem payments/stopover allowances, overtime, loyalty bonuses and flight concessions. If the pilot is based overseas, they may also benefit from additional perks — see below.
It is important to grasp a good understanding of the pilot’s remuneration package when considering the issue of spousal maintenance. Often, because of the added responsibilities they take on whilst their spouse is away, those married to pilots do not work outside of the family home. This is particularly so where the pilot and their family have chosen to relocate overseas. In such circumstances, the spouse of the pilot may seek ongoing spousal maintenance to assist them with their expenditure and it will be important to examine in some detail their income needs in conjunction with any earning capacity they may have.
Child support
When calculating child support, the Child Maintenance Service (CMS) can only take into account the first £156,000 of the paying parent’s gross annual income. If however, the paying parent’s gross annual income exceeds this amount they could be at risk of a school fees order or what is known as a “Top Up Order”. This is something to bear in mind during any negotiations.
Child arrangements
Inconsistent work patterns and the bidding systems used by airlines can make it difficult to agree fixed arrangements for children. In such circumstances, assuming there are no welfare concerns and regular contact is in the best interests of the child, a degree of co-operation will be required in order to ensure that regular contact can be maintained between the child and both their parents.
It is possible to agree an arrangement whereby a minimum level of contact is agreed on the basis that specific dates and times are to be confirmed on a month-by-month basis as shift patterns/working hours are made available. Ultimately, however, the arrangements should work for the family as a whole and should be capable of working in practice.
For more information, see our article on child arrangements orders.
Issues specific to overseas pilots
Further issues and complications tend to arise in cases where the parties have relocated overseas. As highlighted above there may be issues surrounding jurisdiction, particularly if they have sold the family home in the UK and the parties have put down permanent roots in their new location. See our article on moving abroad with your family.
Returning to the issue of remuneration, pilots posted overseas will often receive additional perks such as a housing allowance, leisure club membership and a contribution towards private school fees. They may also be in receipt of tax-free income.
Often the breakdown of the marriage can prompt one or both spouses to revaluate the move and consider a return to the UK. See our expatriate family checklist.
This may lead to a loss of contractual benefits as well as a downturn in the standard of living the parties have become accustomed to. It may be, for example, that as part of the pilot’s remuneration package the airline has made a significant contribution towards private school fees but this contribution was conditional upon the pilot continuing to be posted overseas. It follows that if the children return to the UK with the other parent, this benefit will cease and there could be an issue over whether the children should continue to be educated privately or via the state school system. If one or both parents favour the former, then there could also be an issue over who should be responsible for any school fees.
Issues can also arise where one spouse wishes to return to the UK but the other wishes to remain overseas. If the parties have children, difficult decisions may need to be made about the arrangements for their future. Assuming a Child Arrangements Order is not in place, neither parent should relocate with the children without the others permission, otherwise they could be guilty of committing a criminal offence.
Learn more about Family Court applications to relocate with your children.
If the pilot decides to return to the UK and their spouse has been living in the foreign jurisdiction under their spouse’s sponsorship they may need to obtain urgent immigration advice too.
Other issues to be mindful of
The couple may hold international assets, or their capital assets may be held in foreign currencies — fluctuating exchange rates could impact on the value of such assets. It is important to ensure that up to date figures/values are adopted when calculating a fair division of the assets. It is also important to bear in mind the fact that the powers of the Courts of England and Wales are limited when dealing with assets held outside of its jurisdiction, which means that it is essential that expert advice is obtained prior to issuing proceedings and electing a forum. It may be that if ultimately proceedings are issued in England and Wales, additional steps have to be undertaken so as to ensure that, if necessary, any order can be enforced in a foreign jurisdiction.
Overseas pensions. More often than not, the pension resources of a couple represent one of the most valuable assets in the case. The location of a pension is an important factor when considering the most appropriate jurisdiction for the divorce and financial relief proceedings. The Courts of England and Wales will seek to share between the parties any UK-based pensions but they do not have the power to make a pension attachment order or a pension sharing order against a foreign pension. Similarly, UK pension providers will not recognise or implement a pension sharing order made in a foreign court. This means that creative solutions may have to be explored in order to address any pension imbalance and we would highly recommend that specialist advice is obtained.
What steps can be taken to protect against divorce?
Whether an individual works in the aviation industry or some other profession, it is always advisable to consider entering into a pre or post-nuptial agreement.
Such an agreement can set out how the couple’s assets and income will be dealt with if they decide to divorce at some point in the future. It can seek to limit claims, particularly in cases where there is inherited wealth or assets which derive from outside of the marriage. Nuptial agreements can also offer couples greater clarity, certainty and security. A pre or post-nuptial agreement can also serve to enhance trust between the parties, since there is greater transparency from the outset as to how their assets will be divided in the event of divorce. This can provide for a healthier financial relationship between the parties and can help to develop trust.
Summary
Given the complexities involved in cases involving those employed by the aviation industry or those jet setting between jurisdictions it is essential that those considering divorce or separation obtain independent legal advice at the earliest opportunity.
Our family solicitors have extensive experience of cases of this nature, having acted for numerous pilots and professionals located overseas. We are happy to offer remote appointments via Teams or Zoom. Alternatively, a face-to-face appointment can be arranged at one of our nine offices situated across the UK, all of which are within a short travelling distance of a major UK airport.