Menopause and Family Law

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, Divorce and 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 relationship breakdown at precisely the time menopause starts to take hold.

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

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 Ahead

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 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.