Menopause and Divorce

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From 2026, the NHS will begin including menopause and perimenopause checks as part of routine health screenings for women aged 40 to 74. This long-awaited reform recognises the profound impact menopause can have on women’s physical, emotional, and mental wellbeing. We welcome this development and believe it is equally important for the legal profession to acknowledge the often-hidden realities of menopause and how they shape women’s daily lives.

Many of our clients are women navigating separation, child arrangements, or financial disputes, often during their 40s and 50s. This commonly coincides with perimenopause or menopause, a stage that can bring challenges such as anxiety, mood changes, brain fog, fatigue, and sleep disruption. Menopause can last between 8 and 12 years on average, with one in four women experiencing debilitating symptoms.

Menopause and divorce: The impact on financial independence

According to the Fawcett Society, “the average age of perimenopause starting is 47, and the average age at which women get divorced is between 45 and 49,” meaning that many women are experiencing menopause and divorce at the same time.

In 2022, the Family Law Menopause Project and Newson Health Research & Education surveyed women about menopause and relationship breakdown. A striking 73% of respondents said menopause contributed to their divorce, yet only 14% raised the issue with their family lawyer.

Another concerning finding was that 97% of women felt their family lawyer did not raise menopause or perimenopause at all, highlighting a serious gap in awareness within the profession. This is particularly troubling given that 75% believed menopause creates an “imbalance of power [making] communication, negotiation, or dispute resolution difficult.”

Workplace data reflects the same pattern of impact. A 2019 Chartered Institute for Personnel and Development survey found that almost 900,000 women in the UK had left their jobs (over an unspecified period) due to menopausal symptoms. Yet 81% of family lawyers acting in divorce and financial remedy cases did not recognise or understand how menopause might affect their clients’ ability to work.

Legal Framework: Where Protection Falls Short

Despite the clear link between menopause, relationship breakdown, and a woman’s ability to achieve financial independence, the family court offers limited structural protection.

In SS v NS [2014] EWHC 4183 (Fam), Mostyn J stated:

“In every case, the court must consider a termination of spousal maintenance with a transition to independence as soon as it is just and reasonable. A term should be considered unless the payee would be unable to adjust without undue hardship to the ending of payments. A degree of hardship in making the transition to independence is acceptable.”

While the Matrimonial Causes Act 1973 does not insist on a clean break, it asks the court to consider one. Historically, joint lives spousal maintenance or nominal maintenance orders were more common. However, there has been a marked shift towards clean break outcomes, with most financial orders providing either an immediate or deferred clean break after a short period of maintenance.

There is growing judicial expectation that women should reach financial independence within a few years of divorce, even where they have been out of the workforce for many years due to childcare responsibilities or the impact of menopause. As a result:

• Women may be left with limited employment income precisely when menopausal symptoms make work more challenging.

• Spousal support may be insufficient, especially for women who have sacrificed career progression to have children or who cannot work full or part time due to menopause.

• Reduced earning capacity limits their ability to build pensions, often leading to long-term financial insecurity in later life.

How we support our female clients through menopause and divorce

Women’s health matters to us. We take an informed, empathetic, and practical approach when supporting and advocating for our female clients.

Menopause can affect decision-making, concentration, and communication - all vital during legal proceedings. We recognise these challenges and tailor our approach accordingly. This may include:

• Taking the time to understand how menopause or other health factors may be affecting a client’s circumstances.

• Communicating in ways that feel manageable and supportive—whether by email, phone, face-to-face meetings, or virtual calls from the comfort of home.

• Advocating firmly and sensitively to ensure clients are treated fairly and without bias. Where menopause, health, or the ability to work are relevant, we raise these issues proactively to help secure a genuinely fair outcome.

Recognising the impact of menopause is essential to ensuring equitable settlements and helping women move forward with confidence.

Looking to the future

The forthcoming NHS screening programme marks an important step toward greater menopause awareness in society. As family lawyers, we see daily how crucial it is to consider the whole person—health, wellbeing, and life stage included.

We are committed to supporting women experiencing menopause and divorce at the same time with understanding, empathy, and expertise. If you’re considering separation, divorce, or any other family matter, our friendly team is here to provide practical guidance, support and advice.

Author bio

Navida Ullah is Legal Director at Family Law in the City, bringing over a decade of specialist family law experience to clients navigating divorce, separation, financial remedy proceedings, and children matters. She has particular expertise in cases involving coercive and controlling behaviour, domestic abuse, Islamic marriage and divorce, and matters with an international dimension. Navida's commitment to supporting victims of domestic abuse was recognised with a True Honour Award from the Iranian and Kurdish Women's Rights Organisation. For a confidential conversation, visit our contact page or call the office on 020 4579 6530.

How many marriages end in divorce due to menopause?

According to a survey of 1,000 women by The Family Law Menopause Project and Newson Health,  more than 7 out of ten (73%) of women blamed menopause for the marriage breakdown. In addition, over 60% of divorces in the UK are initiated by women in their 40s and 50s, a period coinciding directly with perimenopause and menopause. Contributing factors include symptoms such as irritability, anxiety, loss of libido, and depression and crucially, a lack of support from professionals in dealing with menopause symptoms.

Can menopause be a factor in a financial settlement on divorce?

It can be, if it is has a material impact on your income, earning capacity, or health needs. The court is required under section 25 of the Matrimonial Causes Act 1973 to consider each party's financial resources, earning capacity, and any physical or mental health factors. Where menopause or perimenopause is affecting a woman's ability to work, or is resulting in additional ongoing costs, those factors can and should be raised with your solicitor and included in your financial disclosure. Whether to raise it openly is a decision best made with specialist legal advice, since it involves weighing the evidential benefit against the personal exposure.

Is menopause a recognised factor in divorce proceedings?

Awareness has grown significantly in recent years, but it remains an area where understanding among legal professionals is uneven. Research has suggested that the majority of divorcing women experiencing menopausal symptoms did not discuss it with their lawyer, and that family lawyers and judges would benefit from better training in this area. The practical position is this: menopause itself is not a ground for divorce, and it does not automatically affect a financial outcome. But its consequences — on earning capacity, health costs, and future needs — are legally relevant and should not be overlooked.

I think menopause may be contributing to my relationship difficulties. Should I get legal advice now?

Not necessarily immediately. If menopause is a contributing factor to how you are feeling, it is worth seeking medical advice and support first. Treatment can make a significant difference to symptoms, and some women find that once symptoms are better managed, their perspective on the relationship shifts. If, after taking some time, you still feel that the relationship has broken down, that's when you could speak to a family lawyer about your options. There is no obligation to take any step before you feel ready.

How does the firm approach clients going through divorce during the menopause?

Sensitively, and with an awareness that managing both simultaneously is genuinely difficult. Symptoms including brain fog, fatigue, and anxiety can affect how you process information and make decisions, so the way a case is managed may need to take that into account. That might mean more regular check-ins, written summaries of calls, or thinking carefully about which dispute resolution route will be least stressful. If you are going through this, it is worth telling your solicitor early so that the process can be shaped around what actually works for you.

For more information about menopause, visit the NHS website.