Divorce and the Menopause
As the drive towards greater societal enlightenment about the menopause gains more traction
Rebecca Massam, of Warners’ family team, looks at whether the family courts are also joining the
movement of acknowledgement and acceptance of menopausal issues.
Currently, there is very little information out there about how women who are dealing with
menopausal symptoms might be considered by the courts whilst looking at how a family’s finances
might be separated following a divorce.
In the UK, 13 million women are either peri- or post-menopausal, with one in four women reporting
severe debilitating symptoms. The average onset of perimenopause is mid-forties. Looking at the
statistics on divorce, the average age of a divorcing woman is 44. It’s impossible to deny that for
some women then, timing is a huge issue.
In Family Law, there is a stark absence of case law on the effects of menopause on separating
families and how lawyers should be approaching the issue in their financial remedy cases. Arguably it
will have the most visible impact on a woman’s ability to produce an income during this time, which
is a crucial element in most cases.
Some of the symptoms of menopause can be manageable for some women. For others, it is
debilitating, both physically and psychologically: brain fog, hot flashes, mood changes, depression,
anxiety, sleep problems and claustrophobia can all impact a woman’s ability to function at work and
at home.
So, what happens when a woman who is going through the menopause is getting divorced and is
suddenly faced with the prospect of having to provide an income on her own that will meet her own
needs and those of her children?
The Matrimonial Causes Act 1973 sets out what factors should be taken into account in financial
remedy cases. It states that a clean break should be considered when it is just and reasonable to do
so. But over the last ten years, there has been an increase in the general expectation that women
could and should achieve financial independence. Recent case law has considered it right and proper
that women should work and earn what they can to meet their own needs, and there is growing
pressure from the judiciary to see only short-term maintenance and only where there are young
children.
Menopause, or biology, does not seem to be a factor that the court must specifically consider,
although the court must consider all the circumstances of the case. But many women may not know
or understand why they feel the way they do, and in a society where even GPs lack the training to
offer any tailored advice or treatment, how can the courts fare any better?
Fortunately, more is being done to raise the concerns about the far-reaching effects of menopause,
and some practitioners have launched the Family Law Menopause Project to understand how
menopause in family cases is being treated and what protections are needed. It is, after all,
something that affects half the population at some point in their lives and whilst the effects will be
different for every woman, further work is required to determine the consequences of ignoring
these effects.
The key for women who are peri or menopausal and who are going through a divorce is to feel
comfortable enough to raise this as an issue with their legal team if they feel that their symptoms
are such that they will have an impact.
So, the answer to the question posed at the start of this article: Are the family law courts also joining
the movement of acknowledgement and acceptance of menopausal issues? A resounding “Not yet”.
But with practitioners being alive to the issue, it is only a matter of time. For now, for both women and men who feel that menopause may have an impact on their divorce, the starting point has to be an open and frank discussion.
For further information, please contact Rebecca Massam in the family law team on 01732 747900
or email r.massam@warners.law
This article is for general information only and does not constitute legal or professional advice. Please
note that the law may have changed since this article was published.
Author: Helen Loder
Co-Director of Sevenoaks Mums