Divorce or dissolution of a civil partnership is rarely straightforward, but where one party or a child has significant health needs the legal and financial issues can become particularly complex. Health conditions, whether physical or mental, may affect a person’s ability to work, their future financial security, the need for ongoing care, and the overall fairness of a financial settlement.
‘The law recognises that health can play an important role when the court determines how financial resources should be divided in a divorce,’ says Akash Soni, an experienced family law solicitor and accredited family mediator at Breakthrough Solicitors. ‘A person who has health difficulties may require greater financial provision, particularly if their ability to earn an income is reduced or if they require ongoing treatment, care or support.’
At the same time, proving the extent of health needs and demonstrating how they affect financial circumstances often requires careful preparation as well as clear evidence and experienced legal guidance.
In this article we examine how health is considered in financial proceedings on divorce, the role of medical evidence, the potential impact on spousal maintenance and pensions, and the additional considerations where a child has health needs.
What does the law say about health in divorce?
The legislation governing financial settlements sets out the factors the court must consider when deciding how financial resources should be divided in a divorce.
One of those factors is the age of each party and the duration of the marriage, but critically the court must also consider ‘any physical or mental disability of either of the parties to the marriage.
This means that a person’s health condition is directly relevant when the court assesses what constitutes a fair financial outcome.
Health issues often intersect with several other factors that are also relevant for a court to consider. For example, a disability or chronic condition may affect earning capacity, increase financial needs, or require long-term care costs.
The court’s primary objective is to achieve fairness, and health conditions can significantly influence what fairness requires. For example, a person who cannot return to work due to illness may require ongoing financial support, while someone with substantial medical costs may require a greater share of capital resources.
Each case is considered individually, and the court will carefully assess how health issues affect both current and future financial needs.
What medical evidence is required?
Where health is relied upon as a factor in financial proceedings, medical evidence is usually essential. Courts will not simply accept general statements about ill health without supporting documentation. Instead, detailed evidence is often needed to demonstrate the severity of the condition, the prognosis and impact.
This typically will involve having a formal report produced by either a GP or a treating consultant. If future care needs are to be considered, that will involve obtaining a very detailed report from a care consultant who can provide an indication as to the likely future care needs, and their costs.
Providing clear medical evidence allows the court to make informed decisions about financial needs and future provision.
The impact on spousal maintenance
Health needs can have a significant impact on spousal maintenance (the ongoing financial support paid by one spouse to the other following divorce).
Spousal maintenance is not automatic. The court will consider whether it is appropriate based on the financial circumstances of the parties and the factors set out in the legislation.
However, where a spouse has health problems that affect their ability to support themselves financially, maintenance may be more likely.
If a medical condition prevents a person from working or limits the type or amount of work they can do, their earning capacity may be significantly reduced. In such circumstances, the court may determine that ongoing maintenance payments are necessary to meet that person’s financial needs.
Health issues may also affect the duration of maintenance. In some cases, maintenance may be ordered for a fixed period while the receiving spouse adjusts to financial independence. However, if a serious health condition prevents a realistic return to work, the court may consider longer-term maintenance.
Maintenance payments may also reflect additional financial needs associated with health conditions, including:
medication;
- therapy or treatment;
- adaptations to housing; and
- professional care support.
The aim is to ensure that the financially weaker party can meet their reasonable needs following divorce.
The impact on pensions
Pensions are often one of the most valuable assets in a marriage after the family home, and they play a crucial role in long-term financial security.
Health needs can influence how pensions are treated during divorce in several ways.
The court has the power to make a pension sharing order, which transfers a percentage of one spouse’s pension into a separate pension for the other. Where one party has health issues affecting their future earning capacity, the court may decide that a greater share of pension assets is necessary to ensure financial security in retirement. A spouse suffering from ill health may need to retire earlier than anticipated, reducing their ability to build further pension provision.
Some pension schemes may offer enhanced benefits or early access in cases of serious ill health. Where this applies, specialist advice may be required to assess the true value of the pension.
Pension issues can be complex, particularly where health considerations are involved, and expert financial advice is often needed to ensure that settlements properly reflect long-term needs.
What if a child has health needs?
Where a child of the family has health issues or disabilities, this can significantly influence financial arrangements on divorce.
Children with health conditions may require specialist medical treatment, mobility aids or equipment, or specialist schooling or care. These costs can be substantial, and the court will take them into account when determining financial provision.
A child with health needs may also require specific living arrangements, such as adapted accommodation or proximity to specialist medical facilities. This may influence how the family home is dealt with or whether additional housing provision is required.
Further, where one parent provides significant care for a child with additional needs, their ability to work may be affected. This will be taken into account when considering the division of assets, and future spousal maintenance.
In some circumstances, the court may also consider applications under Schedule 1 of the Children Act 1989 to provide additional financial support for a child’s needs.
Conclusion
Health issues can play a critical role in financial settlements following divorce. Whether the issue concerns the health of one spouse or the health needs of a child, the court must carefully consider how medical conditions affect financial needs, earning capacity and long-term security. Clear medical evidence is essential.
Because these cases often involve complex medical and financial factors, obtaining experienced legal advice at an early stage can make a significant difference. A carefully prepared case ensures that health needs are properly understood and appropriately reflected in the final outcome.
How we can help
If you are going through a divorce or dissolution of a civil partnership where health issues are a concern, seeking specialist legal advice can help ensure that your interests, and those of your family, are fully protected.
If you would like advice about financial arrangements on divorce, including cases involving health needs or disability, our family law team is here to help.
For further information, please contact our the family law team on 01494 776696 or email [email protected].
Breakthrough Solicitors has offices in Harrow, Milton Keynes & London.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
