Why divorce is still leaving women disproportionately worse off – and what needs to change.

Recent findings from Legal & General have shed new light on a troubling truth: divorce continues to leave women on the back foot financially. Their research reveals that in 54% of UK households, men are the main breadwinners. Only 24% of women are the primary earners, while the remaining 22% of couples share income equally.

These dynamics help explain why, after divorce, women’s incomes drop by around 50%, compared to a 30% fall for men. The gender pay gap; career interruptions and the unequal burden of childcare all converge to create a system where women are often left struggling to rebuild their lives – and their finances – from scratch.

The Hidden Cost of Care

One of the most significant, yet least acknowledged, factors behind the financial imbalance in divorce is caregiving. When a couple decides that one partner should pause or slow their career to raise children, that decision typically benefits the whole family – but the long-term cost falls almost entirely on the caregiver, who is usually the woman.

Years out of the workplace can lead to lost promotions, reduced pensions, and decreased earning power. Yet when divorce settlements are calculated, these sacrifices are rarely given appropriate weight. A “fair” division of assets often ignores the fact that one partner’s ability to earn remained uninterrupted, while the other’s was compromised – often permanently.

The Myth of the 50/50 Split

Dividing marital assets down the middle may look equal on paper, but it’s rarely fair in practice. If one person earns four times more than the other post-divorce, splitting property or savings equally doesn’t address the financial imbalance created by years of unpaid labour, nor does it account for who continues to care for the children day to day.

What might seem like a clean break leaves many women (or men) trying to rebuild their lives from a financial disadvantage they had little choice but to accept during the marriage.

Pensions: The Overlooked Asset

Pensions are one of the largest financial assets most couples own, yet they are routinely left out of settlements – especially by women. Whether due to a lack of information, emotional exhaustion, or a desire to avoid prolonged legal battles, many women waive their rights to future retirement income that they helped enable.

This is a decision that can haunt them decades later, particularly when those same women are entering retirement with smaller savings and fewer employment benefits due to interrupted careers.

The Role of Knowledge – and Reform

Too often, people walk into divorce unaware of their rights, the value of assets like pensions, or the long-term consequences of accepting a quick settlement. The loss of legal aid in many family law cases has only deepened this knowledge gap, particularly for those who cannot afford specialist legal or financial advice.

The law itself sometimes does not help. The UK’s main divorce legislation has not seen substantial reform since the 1970s, despite vast social and economic shifts in the decades since. There is growing pressure for this to change – to create a framework that better reflects modern relationships, caregiving roles and financial fairness. In December 2024, the Law Society published a report on whether the existing law needs reform, and the Government are carefully considering its findings.

We are here to help

If you are going through a separation and are concerned about your financial future, our experienced team of family lawyers are here to help. From protecting your rights, to securing fair settlements, we can provide you with the guidance and support you need.