Menopause and divorce?: is menopause relevant?
Menopause and how it can affect financial settlements in divorce has been aired and discussed in recent months. The menopause is significant because of the fact that it is a routine part of life for women that might affect their financial situation. Some women find that the symptoms of menopause means they take time off work, or they decide to pass up an opportunity of a promotion, and in this way menopause impacts on their financial needs. In addition, statistics show that significant numbers of divorcing women are aged around 45-55, broadly the same age during which women most commonly go through menopause. So it seems that divorce and menopause often occur at the same kind of time. Therefore, if menopause has a detrimental financial effect it might be raised as relevant in the divorce financial settlement negotiation. There are many other matters that are relevant that affect men and women because they affect earning capacity. To name a few, these can include wider health concerns and mental health problems, for example psychological issues that impact earning capacity such as breakdowns, depression, chronic workplace stress i.e. ‘burn out’, loss of employment, age
There has been discussion amongst the Judiciary and family law professionals as to the impact of menopause, in particular, as a relevant factor to take into account in a financial settlement. All relevant circumstances are considered by a court, and each case is looked at individually. Issues that cause financial consequences are relevant to a divorce financial settlement. Therefore, if the menopause has a negative impact on a woman’s ability to work, with symptoms ranging from reduced concentration, problems with memory and anxiety, then it is relevant. For example, an argument might be brought against a clean break, which is intended to end financial obligations between the spouses. If one party has a significant and problematic menopause, she might argue that she needs ongoing financial support and that a clean break is not appropriate
For other women, menopause comes and goes without any particular impact and so it is not relevant.
It seems likely that this issue will cause some concern. A menopausal woman might not feel comfortable in raising issues relevant to the menopause. It might also be causing concern for ex-partners who fear that simply by virtue of having a menopause their spouse will be claiming a more significant financial settlement than is fair.
Spouses can expect the impact of menopause to be highlighted and taken into account only if it is relevant. It is very important to flag up
matters that you think might be important with your solicitor, as well as concerns you might have as to matters that your ex-spouse might raise, relevant or not.
The Children’s Commissioner recently published statistics that in the UK there are 8.2 million families with children, of which 23% were lone parents. Nearly half of these children were living in relative poverty after housing costs, compared to 25% of children in married or cohabiting families. These statistics underline the importance of finding realistic financial settlements taking into account all relevant factors.
If you have any questions or comments on reading this, please feel free to email to [email protected].
Sarah Beskine and Christina Theodorou
Specialist divorce solicitors and mediators, Hopkin Murray Beskine