Navigating divorce during menopause — legal, emotional & financial considerations

It’s a life stage often misunderstood or dismissed entirely — yet menopause affects over half the population and can significantly affect everything from health to home life. With the average age of divorce aligning closely with the onset of menopause, it’s important to acknowledge the factors that may significantly shape the course and outcome of separation.

Here, Debbie Heald explores the biological realities of menopause, its far-reaching effect on relationships and the impact that it can have on divorce settlements and financial claims.

Understanding menopause & its symptoms

According to the NHS, menopause is a natural stage in life when menstrual periods stop permanently and reproductive capacity ends. It typically occurs between the ages of 45 and 55 though timing and experience can vary widely. Menopause is officially reached after 12 consecutive months without a menstrual period and begins with perimenopause — a phase marked by fluctuating hormone levels and irregular cycles which often starts in the 40s. The years following menopause are referred to as postmenopause and the entire transition can span anywhere from two to eight years.

While experiences differ, there are 34 clinically recognised symptoms that may occur during the menopause transition. 

Some of the most commonly reported include:

• Hot flushes and night sweats.
• Dizziness and palpitations.
• Brain fog and difficulty concentrating.
• Trouble sleeping and fatigue.
• Irritability and mood swings.

The correlation between menopause & divorce

There’s growing evidence that menopause and perimenopause can play a significant role in the breakdown of relationships: 

• Eight out of ten women experiencing marital difficulties said that the symptoms of menopause or perimenopause placed strain on family life.
• 67% reported that their symptoms increased domestic abuse and arguments.
• 70% identified menopause as a key factor in their divorce or relationship problems — citing changes in mental health leading to heightened conflict.
• In 2021, women initiated 63.1% of divorces among opposite-sex couples in the UK.

Does menopause impact the outcome of financial claims on divorce?

To date, there are no reported case law authorities where menopause symptoms have been considered in divorce cases. The weight that such arguments might carry therefore remains uncertain. 

Menopause isn’t a disease or disorder and so doesn’t fall neatly under section 25(2)(e) of the Matrimonial Causes Act — a provision that requires the court to consider any physical or mental health issues affecting either party in the marriage. However, the discretionary nature of financial remedy proceedings — requiring Courts to consider ‘all the circumstances of the case’ when determining whether to depart from equality of capital — leaves room for these arguments. This is especially true when someone is experiencing extreme symptoms that significantly affect daily life.

Menopause symptoms may be most likely to come up in income claims. For example, if symptoms are severe, they could make it hard to return to a previous role, work the same hours or even work at all. This could mean a reduction in income (at least for a period of time), making an immediate clean break in divorce proceedings less feasible. A drop in income could also impact mortgage raising capacity which in turn affects the ability to rehouse. 

10% of women suffering with menopause symptoms stop working, while others cut down their hours or fail to apply for promotions. Financial advice — especially cashflow forecasting — is therefore key in making sure that settlement proposals meet future needs.

For similar reasons, the gender pension gap could also be relevant. If menopause symptoms affect the ability to work, disruption to pension contributions is probable. It’s important to assess what’s needed to close that gap and specialist pensions advice would be required.

In cases where fairness calls for menopause symptoms to be considered in financial settlements, medical evidence from a GP will be required to examine diagnosis, treatment and timescales (if possible). In some extreme cases, evidence may be required from an occupational therapist.

The impact of menopause in divorce is definitely becoming more widely talked about by both clients and practitioners — but whether it’ll impact the outcome of cases remains to be seen. 

6 top tips for divorcing during menopause

1. Be open with your legal team 

Share your symptoms and how they’re affecting you day-to-day. This can influence decision-making and may shape how your legal team approaches your case.

2. Ask for legal advice in writing 

Brain fog can be debilitating, making it hard to remember crucial elements of legal or financial advice. Ask for written summaries and consider bringing a trusted friend or family member to meetings to help with processing important information. 

3. Be clear about your needs 

Don’t be afraid to ask for adjustments. Is the room temperature comfortable? Do you need a short break? Are certain times of the day better for you? Do you have any specific communication preferences? Being open with your team can make a big difference.

4. Seek additional support if needed

This might include emotional support from loved ones, medical input from your GP, therapeutic help, coaching or financial advice.

5. Take time to consider your options

Explore all resolution methods carefully. Non-court options like arbitration or hybrid mediation may offer a more supportive environment for those experiencing menopause, allowing legal support throughout and flexibility in setting.

6. Don’t rush decisions

Emotions will be running high and dealing with a divorce during menopause may cause even more anxiety. While a swift conclusion can provide peace of mind and certainty, it could result in a detrimental outcome — like keeping the family home out of fear of change. These decisions will impact the rest of your life so always take the time you need.

Talk to us

Navigating divorce during menopause brings unique emotional, physical and financial challenges. Our award-winning family law team understands the realities of this life stage and offers tailored support to help you make confident decisions about your future.

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.