Should menopause be factored into divorce settlements?

According to a 2022 survey, more than 7 in 10 (73%) of divorced women who had either gone - or were going through - the menopause blamed its impact on contributing to the breakdown of their marriage, with 86% admitting that they didn’t feel comfortable raising the issues of perimenopause/menopause with their lawyers. 

In the UK, there are an estimated 13 million individuals who are currently peri or menopausal, equivalent to roughly a third of the entire female population. The average female will begin menopause during the ages of 45-55, which - perhaps not coincidentally - is around the similar age of the average age of UK divorcees. 

According to the NHS, some of the most common symptoms of menopause include mood changes, problems with memory or concentration (brain fog), hot flushes, dizziness, headaches/migraines, heart palpitations and recurrent urinary tract infections (UTI’s). 

Of course, the levels to which these are experienced will differ drastically from one individual to another, yet it cannot be ignored that those seriously affected by the menopause could be impacted in terms of their employment or job security, earning capacity and - perhaps most importantly - their income needs following a divorce. 

With this in mind, Kathryn McTaggart, Director and Family Law Solicitor at leading UK firm Woolley & Co, discusses her thoughts on the lack of understanding when it comes to menopause within the area of family law. 

“Unfortunately at present, menopause is not necessarily factored into employment situations or recognised more formally as a medical condition, so there is no way realistically to factor it into women’s earning potential during divorce settlements. 

“Here at Woolley & Co, our family lawyers have had to take the symptoms of anxiety and brain fog into account when managing a divorce case for clients, yet in terms of a direct impact on earning capacity, this would only be captured in the same way as any other medical condition – with medical evidence.

“The obvious difficulties with menopause are not knowing how long symptoms will last, as well as sourcing the evidence to support the position. Our experience to date is that menopause is treated similarly to temporary "divorce related depression" rather than a longer term health condition that should be taken into account. 

“Of course, sometimes it is a fact that menopause will sometimes exacerbate existing medical conditions which would be relevant. It is also true that some of the more extreme symptoms associated with menopause can be treated with hormone replacement therapy (HRT). Should an individual be expected to take HRT in order to maintain their earning potential following a divorce, knowing that it will not be a consideration otherwise?”