What is the impact of menopause in family law cases?

Menopausal health and symptoms have historically been treated as a private and almost taboo medical matter. However, half the population will be directly affected, and the impact can be significant. Symptoms of perimenopause can include severe brain fog, anxiety, sleep deprivation, loss of confidence and mood changes. These symptoms typically start in a woman’s forties, coinciding with a peak in female-initiated divorces at 40-44.

Research, including studies by the Family Law Menopause Project, found that seven out of ten women surveyed cited menopausal symptoms as a major contributing factor to the breakdown of their marriage. Whether some of these break-ups could have been avoided through greater awareness or understanding is unknown, but treating menopause as unmentionable doesn’t appear to be in anyone’s best interests.

What about the impact on finances?

Women often earn less than men, partly as a result of time out of the workplace or reduced hours after having children. However, a second “hit” can occur as a result of the menopause. Studies show that related symptoms lead to around 10% of women leaving their jobs, while others reduce their hours or switch to lower-pressure roles as a direct result. These changes can affect women’s earnings at the time, but also their future likely earning capacity and the pension provision that can be accumulated during their working lives.

When considering finances on divorce, the starting point is a 50/50 split of matrimonial finances, with the ability to depart from this to achieve a fair division that adequately meets the needs of any children and both parties. It is common for capital assets to be divided and pension shares to be carried out, often to ensure that parties achieve equal income at retirement. However, this may not go far enough. If medical matters, including menopause, limit a person’s earning capacity, or ability to build up capital and pension provision post-separation, there may be a need for greater funds to be made available to them. This needs to be taken into account by the parties, their solicitors and the court, so it’s important that anyone in this position feels they can flag up any medical issues. Again, feeling that menopause is unmentionable helps no-one.

Menopause is an inevitable life event, outside anyone’s control, and its impact needs to be recognised, including within family law. Anyone experiencing menopause symptoms should feel able to discuss these openly, and family solicitors should create space for these discussions, ensuring that health-related career adjustments are understood and, where needed, properly evidenced. By lifting the taboo surrounding menopause, family lawyers can ensure that financial settlements accurately reflect realistic earning potential, protect long-term pension security, and ultimately achieve fairer, more equitable outcomes for both parties.

If you are seeking legal advice in relation to a family law matter, please call us on 01252 733770, or send us an email at [email protected] and we can provide you with a quote for our services.