Menopause is often viewed through the lens of its physical and emotional symptoms, with less attention given to the wider impact it can have on a person’s major life decisions, including long-term relationships. Interestingly, it’s also becoming part of a wider conversation about divorce and the role it can play in prompting some women to re-evaluate their future.
Although not a legal term, the phrase “menodivorce” has entered public discussion as a way of describing the growing number of women over 50 who are initiating divorce, with around 63% of divorce applications in the UK now being filed by wives.While divorce is rarely the result of a single factor, menopause is increasingly being discussed as one of several influences behind a wider reassessment of life and future priorities.
Part of the reason is that divorces initiated in women over 50 and who may be experiencing the menopause rarely happen in isolation. Instead, it often coincides with other significant changes such as children leaving home, careers reaching their peak, and retirement beginning to come into view. For some, it can provide an opportunity to reflect on whether a relationship they entered in their 20’s and 30’s still offers the support, happiness and partnership they want from the next stage of life.
The conversation is also taking place against a backdrop of changing attitudes towards divorce. Remaining in an unhappy marriage is no longer seen as the only option, particularly later in life, and greater financial independence has given many women more freedom to make decisions about their future.
However, while the decision to divorce may be clear, the practical realities can be considerably more complex. Symptoms such as anxiety, fatigue, reduced confidence and difficulties with concentration can affect both day-to-day life and longer-term planning. Family lawyers are not medical professionals, but they often see clients navigating the emotional and financial challenges of divorce while simultaneously managing the effects of menopause.
This is particularly relevant because divorce is not simply an emotional process; it is a financial negotiation that can shape someone’s future for decades. When separation takes place in a person’s fifties or sixties, there is often less time to rebuild savings, pensions or increase earning capacity before retirement.
The timing can be especially significant. Menopause often coincides with peak earning years, but symptoms can sometimes affect a women’s ability to maintain the demands of a senior role or established career. In response, some choose to reduce their hours, step back from leadership positions or move into less demanding roles to better manage their health. While those decisions may be necessary, they can also have a direct impact on their future income and financial security.
That is not always fully reflected during settlement negotiations, particularly where both parties are focused on achieving a quick resolution. What appears to be a fair outcome based on current circumstances may look very different if earning capacity changes significantly in the years that follow.
Pensions are another area that requires particularly careful consideration. Women are more likely to have taken career breaks to look after the home and children which gave their husbands the freedom to pursue their career goals. This often means they may have accumulated smaller pension funds than their spouses. As a result, it can be tempting to prioritise retaining the family home over pension assets, however, a property does not provide retirement income and, without sufficient resources to support it, can become a financial burden rather than a source of security.
This is why professional advice is so important, but legal advice is only one part of the picture. Financial advisers can help model different settlement scenarios and assess how decisions made today may affect retirement income, housing options and future living standards. Equally, counselling and emotional support from a divorce coach can help individuals approach major decisions with greater clarity and confidence.
Although there is currently no legal framework that deals specifically with menopause in divorce proceedings, its physical and psychological effects are now slowly being recognised by the courts. These factors may be taken into account when assessing a couple’s overall health, age, financial needs and resources when determining settlements. Where menopause has had a demonstrable impact on a woman’s ability to work or maintain her previous level of income, medical evidence may help support arguments around future financial provision.
For women facing divorce at this stage of life, taking the time to access legal support, seek medical advice where needed, and carefully consider the long-term financial consequences of any settlement can help them make informed decisions and build greater security for the years ahead.
The family court does not treat menopause as a formal medical disease or a distinct legal category, but it falls within the wide-ranging discretion of the court to consider “all the circumstances of the case.” Its influence on health, employment, financial security and personal priorities is becoming increasingly difficult to ignore. As more women enter later life with greater financial independence and higher expectations of fulfilment, it is likely to play a growing role in shaping how relationships evolve and how divorces are negotiated and resolved.
About the author
Linda is a partner in Gilson Gray’s family law team and is a specialist advising clients in divorce, separation and private law children and is recommended in the Legal 500. Based in their London office, she has extensive experience of handling high value financial claims with international multi-jurisdictional issues, family businesses and trusts as well as representing clients with limited assets where a novel solution is required. Linda regularly handles difficult and complicated cases where domestic abuse is involved successfully representing both husbands and wives from diverse backgrounds.
The views expressed in this article are those of the author and not necessarily those of Today’s Family Lawyer.
