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What is a Spouse entitled to in a Divorce Settlement in the UK?

If you are thinking about a divorce or are already going through one, it's only natural that you know what your spouse is entitled to in a divorce settlement in the UK.

Although the court treats each divorce case on the couple’s unique situation, our expert solicitors will help you understand the ins and outs of divorce settlements in the UK and what a spouse can expect in a divorce settlement.

Legal Framework for Divorce Settlements in the UK

The primary legislation overseeing divorce matters in the UK is the Matrimonial Causes ACT 1973, which sets the grounds for divorce and the considerations for financial distributions between spouses. This legislation has several provisions; however, Section 25 is the most crucial for courts in dealing with each spouse's financial entitlement.

Here are the key criteria of Section 25 that can influence divorce settlements:

  • The income and earning potential of both spouses (current and future).
  • The financial needs and responsibilities each spouse will have post-divorce.
  • The standard of living enjoyed by the family prior to the breakdown of the marriage.
  • The age of each spouse and the duration of the marriage.
  • Any physical or mental disabilities of either spouse.
  • Contributions made by each spouse to the welfare of the family, including non-financial contributions such as caring for the home or children.
  • The conduct of each spouse, if it's considered relevant to the financial division.
  • The loss of any potential benefits (such as pensions) due to the divorce.

These factors ensure that the court’s decision is specific to the unique circumstances of each case, aiming for a fair and equitable resolution. This approach recognises that every marriage is unique, and thus, no two divorce settlements are identical.

Types of Financial Support Available to a Spouse During and After Divorce

Here is a breakdown of the key types of financial support that may be available to a spouse:

Spouse Maintenance

This can come in two ways. The first is temporary maintenance, which is often granted during the divorce process to help cover living expenses and maintain the status quo until there is a final settlement. The other is permanent maintenance, which might be awarded in final divorce decrees, especially in long marriages or when a spouse has lower earning capacity due to various reasons like health issues or career sacrifices made during the marriage.

Lump Sum Payments

As a spouse, you might receive a one-time lump sum instead of regular payments. This could be in lieu of ongoing spousal support or part of the equitable division of assets. Lump sums can be helpful if you prefer to manage a larger amount of money at once, probably for an investment or to purchase a home.

Pension Sharing

Pensions are one of the most critical assets in marriage. You may be entitled to a portion of your spouse’s pension, which can be transferred into a separate pension plan in your name. This is important for securing your long-term financial security.

Child Support

Child support is usually handled separately from spousal maintenance if you've got children involved. It's designed to cover expenses directly relating to your child's care and upbringing.

Other Financial Orders

The court may order financial arrangements that include specific assets or payments to cover joint commitments such as loans and credit cards, but it all really depends on your circumstances, as divorce is not a one-size-fits-all process.

Knowing the types of settlements you're entitled to as a spouse is great and can help you prepare ahead. However, you should know that each type of financial support has its own set of rules and criteria. What you're truly entitled to is subject to various factors in the court. Some of these factors, as mentioned, include your spouse’s ability to pay and your contributions to the marriage.


GESols advises that you discuss these options with your divorce solicitor, who can provide expert advice based on your specific circumstances. Your solicitor can help you understand how these types of support can be structured and what might be the best approach for your financial and personal situation.

What a Spouse Needs to know about Dividing Assets in a Divorce

Division of assets is one of the most contentious parts of a divorce, so it's always great to have some clarity ahead of the divorce process. In the UK, marital assets division is guided by the principle of fairness, which does not always mean a 50/50 split. Instead, the court looks at the needs of each party and any children involved to determine an equitable asset split.

Here are the Important Principles and Steps Involved:

The first step in the division of assets is to identify all assets you and your spouse own. This includes everything from property and cars to investments, savings and personal items.

Next, these assets are classified into two main categories:

  • Matrimonial Assets: These are assets such as family homes, savings, and pensions acquired during the marriage, which are usually considered for division.
  • Non Matrimonial Assets: Property or investments owned before the marriage or gifts and inheritance your spouse receives are considered non-matrimonial assets. The division of these assets depends on whether there were mingled with marital assets or contributed to the marriage’s welfare.

Once the assets are classified, they are valued accurately. This usually requires professional valuations, especially for property, businesses, or complex investments. The court's goal is generally to reach a fair arrangement for both parties. This might mean that a wife receives a larger share of the assets to compensate for the disparity in earning potential or sacrifices made during the marriage.

How GESols Can Help

As you may already know, complexities and conflicts can arise while negotiating what a spouse is entitled to in a divorce settlement. Our Family Law Solicitors can help you ensure that all assets are disclosed, valued fairly and divided in a manner that protects your interests and meets your needs. We are all about creating a comfortable environment that promotes compromise, agreement and conciliation.

Common Questions about Asset Division and a Spouse’s Entitlement in a Divorce

Does my Spouse get Half of Everything in a Divorce in the UK?

While the starting point to promote fairness is often an equal split, adjustments can be made based on factors like the length of the marriage, the age and health of each spouse, their future financial needs, and their past contributions to the family.

What Assets Cannot be Split in a Divorce in the UK?

Assets such as gifts and inheritances directed solely to one spouse may not be divided unless they have been substantially integrated into the family’s finances, such as using an inheritance to purchase a family home.

Does One Spouse have to Support the Other During Separation in the UK?

Financial support during separation, known as ‘maintenance’ can be negotiated or ordered by the court. This support is to help a lower-earning spouse maintain an adequate standard of living during the divorce process.

Can a Spouse Claim Ownership of Assets Held in the Other Spouse’s Name only?

Yes, a spouse can claim ownership of assets held in the other spouse’s name only. In UK divorce law, the name on the asset isn't the only thing considered when dividing assets. As long as the assets are acquired during the marriage, even if only in one parties name, they can be considered marital assets and may be divided between both parties.

What Happens to Joint Debts in a Divorce in the UK?

Joint debts in a UK divorce are treated similarly to joint assets and can be equitably split between both parties. However, the court aims to ensure that one spouse isn't unfairly burdened with more debt than they can manage, especially when their income and living needs post-divorce are considered.

How Does the Court Assess Non-Financial Contributions in a Marriage?

Non-financial contributions, such as childcare, homemaking, and supporting a spouse’s career or education, are highly valued in UK divorce proceedings. The court considers them to be crucial to the welfare of the family and can factor in the decision-making of asset division and financial support.