Divorce and the menopause

The theme for World Menopause Day 2023 (18 October) is cardiovascular disease. As matrimonial lawyers we are well versed in dealing with matters of the heart leading to relationship breakdown.

Divorce in later life is often referred to as “silver splitters” or “grey divorce” and the Office for National Statistics reports that the divorce rate for opposite-sex couples aged 55 and over has more than doubled since 1990.  This trend is getting earlier as the average age for divorce is now 47 for men and 45 for women; and right at the time life changes hit couples. For women the menopausal transition begins between the ages 45 and 55 and usually lasts about seven years but can be as long as 14 years.

There are many reasons why couples make the decision to separate and divorce which can include, but is not limited to:

• Failure to communicate
• A change in feelings towards each other
• Financial strain
• Addiction
• Domestic Abuse and violence
• Loss of intimacy and affection
• Adultery
• A lack of sexual relations

Unfortunately, some of the above can be linked to the menopause.

Perimenopause and menopause can lead to a loss of intimacy, physical affection, and sexual relations at a time in their lives when many couples do not have same child related responsibilities. Also new research has suggested that the hormonal fluctuations that occur during perimenopause and menopause can significantly impact not only the woman herself but also her marriage. Studies show that during menopause, a higher number of women seek divorce.

The menopause can also a women’s employment prospects and ability to support herself in later life. In collaborative research between the Chartered Institute of Personnel & Development and Bupa it found that of the menopausal women who stayed in work during this transition in their lives, many had to take an average of 32 weeks’ leave throughout their careers to help manage symptoms. The report also found that “experienced middle-aged women were leaving the workforce in droves. These women are likely to be at the top of their game, but without the right support, at the right time, they are unable to reach their full potential for businesses to reap the benefits from”.

With older women leaving employment when they are approaching their peak earning years there will be less of a chance of making up financial shortfalls and drop in income which can place a burden on both parties and there could be a struggle to meet their outgoings when they retire. A mid-to later-life split can seriously affect retirement plans. For those couples where one party is already retired when the divorce takes place it can be a significant upheaval to divide the pension assets.

As with all divorces the needs of the parties will be highly relevant – where will they each live? How will they meet their outgoings? What will happen when they retire?

If you’re considering divorce or separation in later life, please contact Linda Pope for advice.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.