You may have stepped back from a career so your family could thrive. You ran the home, raised the children and supported your spouse’s work. Now the marriage is ending, and a frightening thought creeps in: “None of the money is in my name. Will I be left with nothing?”
If that is how you feel, please read on. The law in England and Wales is firmly on the side of fairness here, and your contribution counts.
The short answer: Caring for the home and children is treated as an equal contribution to earning money. You are usually entitled to a fair share of everything built up during the marriage, including the home, savings and pensions, whoever’s name they are in. Your housing needs, and those of the children, come first. Ongoing spousal maintenance may also be available while you get back on your feet. |
Your contribution is not worth less
For many years, homemakers were treated unfairly by the courts. That changed with the House of Lords decision in White v White in 2000. The judges said there must be no bias in favour of the money-earner and against the home-maker and child-carer.
That principle still guides every financial case today. The court does not ask who earned the money. It asks what is fair for both of you, looking at the whole marriage.
What the court looks at
When a couple cannot agree, the court applies section 25 of the Matrimonial Causes Act 1973. The first consideration is the welfare of any child under 18. The court then weighs these factors:
Factor | Why it matters to you |
Income, earning capacity and resources, now and in the future | Your earning power may be much lower after years out of work |
Financial needs and responsibilities | Your need for a home for you and the children is a priority |
Standard of living during the marriage | Your lifestyle is a reference point, though not a guarantee |
Ages and length of the marriage | Longer marriages tend to mean more equal sharing |
Any disability | Health needs can increase what you require |
Contributions to the family, including caring for the home and children | Your role counts fully alongside earned income |
Conduct | Only taken into account in rare and extreme cases |
Benefits lost because of the divorce, such as pension rights | Pension losses can be balanced out |
What you may be entitled to
A share of the family home
The home is often the most important asset when children are involved. It does not matter if it is in your spouse’s sole name. If the money allows, the court will try to make sure the children have a secure home with their main carer. That might mean you keep the home, or that it is sold and you receive enough to rehouse.
A share of savings, investments and businesses
Assets built up during the marriage are generally shared, with an equal split as the starting point. Assets one of you brought into the marriage, or inherited, can be treated differently, but they may still be used if they are needed to meet housing and income needs.
A share of pensions
Your spouse may have built a large pension while you had little or none. A pension sharing order can transfer part of it into your name. This is one of the most valuable protections for stay-at-home parents and is often missed in informal deals.
Spousal maintenance
If your income will not meet your reasonable needs, the court can order your former spouse to make regular payments. The court will look at when you can realistically become more independent, for example once the youngest child starts school. Maintenance may be for a fixed period, or longer if you are unlikely to be able to support yourself.
Child maintenance
Child maintenance is separate. In most cases it is worked out using the Child Maintenance Service formula, based on the paying parent’s income. Where income is very high, the court can order extra payments, and can also order school fees.
“But I cannot afford a lawyer”
This is a common and real worry when your spouse controls the money. The court can make a legal services payment order, requiring your spouse to pay towards your legal fees so you are on a level playing field. Your spouse also has a legal duty to give full and frank disclosure of their finances, usually on a form called Form E.
Checklist: start gathering information now
☐ Copies of recent bank statements for any accounts you can access
☐ Mortgage statements and details of the home
☐ Any pension statements, including your own
☐ Payslips, tax returns or business accounts you have seen
☐ Details of savings, ISAs, shares and investments
☐ Information about valuables, cars and other property
☐ A rough monthly budget for you and the children
Do not take original documents that are not yours, or access your spouse’s private emails or accounts without permission. That can backfire. Copies of documents you can see openly in the family home are a sensible start, and your solicitor will explain what is appropriate.
How you may be feeling
It is easy to feel that years of caring have left you with nothing to show for it. Some people feel guilty for “needing” money. Others feel angry. Both are understandable.
Remember this: the law sees your work at home as real work. The aim of a settlement is not to reward one person or punish another. It is to make sure both of you, and your children, can move forward with security.
How Shortlands can help
We regularly act for parents who stepped back from work to raise a family, including in marriages with significant wealth, business interests or overseas assets. We can make sure everything is disclosed, that pensions are not overlooked, and that your future needs are properly met.
Call 020 7629 9905 or request a call back. Our fixed-cost initial appointment is the first step to understanding your position, with no obligation.
Law referred to in this article
- Matrimonial Causes Act 1973, sections 22ZA, 23, 24, 24B and 25
- White v White [2000] UKHL 54
- Miller v Miller; McFarlane v McFarlane [2006] UKHL 24
- Child Support Act 1991
This article is general information about the law in England and Wales. It is not legal advice. Please speak to a solicitor about your own situation.