What am I Entitled to in a Divorce?

Understanding what you are entitled to in a divorce is a key concern for separating couples, particularly when emotions are high and the financial future feels uncertain. While the law does not work to a rigid formula, the courts aim to achieve a fair outcome based on the individual circumstances of each case.

This can involve far more than simply splitting assets down the middle. Property, pensions, savings, debts, business interests and the needs of any children are all taken into account when deciding what is fair.

Having a clear understanding of how these factors are assessed can help you approach the process with greater confidence and make informed decisions about your next steps.

Understanding Your Entitlements in Divorce

What am I entitled to in a divorce?

In a divorce, you're entitled to a fair share of marital assets. The starting point is for there to be an equal division of the matrimonial assets. However, there can be a departure from the 50/50 division based on needs, contributions, length of marriage, and earning capacity to ensure fairness.

Does the length of the marriage affect what I’m entitled to?

Courts will take into the account how long the parties have been married when determining how the assets are to be shared. A marriage lasting 2 years is unlikely to be considered a long marriage; however, this does not mean that courts will not consider deviating from a 50:50 split of matrimonial assets. They will take into consideration all relevant factors when deciding how assets are to be split.

How does having children impact what you are entitled to?

When deciding how assets are to be divided, the court will give first consideration to the welfare of any minor children of the family. This means that the court will ensure that any financial order made, reflects the needs of the children, and will prioritise where the children are to live, how their needs are to be met and how to maintain stability.

Pensions, Property and Financial Assets

Is my ex entitled to my pension if I remarry?

If a couple divorces without a financial settlement being made, future financial claims remain open indefinitely albeit they are limited. If no financial settlement was agreed at the time of the divorce, then your ex-spouse may be entitled to make a future claim against your pension in limited circumstances.

If a financial settlement was made at the time of the divorce, which included an order as to pensions, then this order remains in place regardless of whether either party remarries.

How are pensions divided in a divorce settlement?

The court has the power to make various orders in respect of your pensions. There are three main ways a pension is dealt with on divorce:

• Pension Off-Setting
• Pension Attachments
• Pension Sharing

You can learn more about each method by clicking here.

When deciding whether to make an order in respect of your pensions, the courts will consider whether the parties’ needs cannot be met without such an order. If there is to be a pension sharing order the Court would consider whether that is on an equality of income or equality of capital basis.

Who gets the family home in a divorce?

When making any order, the court will always look at what is fair to ensure that both parties’ needs are met. The court will consider the factors set out in Section 25 of the Matrimonial Causes Act 1973; the first consideration being given to the welfare of any minor children of the family.

The court will therefore ensure that any order made reflects the needs of the children as well as the separating couple, by ensuring that the children are suitably accommodated when determining what should happen to the matrimonial home.

The property could be transferred to one spouse, if they have the funds to pay a lump sum to the other reflecting their interest and to release them from any joint mortgage. If a spouse cannot raise a lump sum or release their ex from a joint mortgage the property would have to be sold.

How are savings, investments and other assets split?

Savings, investments and other assets will be taken into account in the overall division of assets. When deciding how those assets are to be divided, the court will take into consideration all relevant factors to ensure that both parties’ needs are met.

You can learn more about how assets are split in a divorce in our guide by clicking here.

Debts, Liabilities and Hidden Assets

Are debts shared in the same way as assets during a divorce?

When looking at how to divide up debts, the Courts will typically look at whether the debt is “matrimonial” or “non-matrimonial” debt.

If the debt is “matrimonial” i.e. incurred during the marriage and for the benefit of both parties/children, then the Courts will typically consider it to be the joint responsibility of the parties.

If the debt is “non-matrimonial” i.e. incurred before the marriage or during the marriage by one party, not for the benefit of the family, then the Court may consider that this debt be the responsibility of the spouse who incurred it.

Ultimately, when considering debts, the Court will look to achieve fairness and ensure that both parties needs are met.

Is my ex entitled to assets I acquired after we separated?

Courts will make an overall assessment so as to achieve fairness. They may conclude that assets acquired after separation need to be distributed in order to meet the parties’ needs.

What happens if hidden assets are found during the divorce process?

In the UK, both parties are under a strict legal duty to provide full and frank disclosure of all their assets. This duty is ongoing. Attempting to hide or failing to disclose assets can lead to serious consequences, such as fines, payment of the other party’s legal costs, or even imprisonment.

If hidden assets are found during the divorce process, the courts will take into account those hidden assets and add them to the ‘pot’ being considered for division.

Impact of Agreements and Court Orders

How does a prenuptial or postnuptial agreement affect what I’m entitled to?

The existence of prenuptial and postnuptial agreements does not prevent the court from deciding on the appropriate division of assets in accordance with the factors under section 25 of the Matrimonial Causes Act 1973.

Courts will use the agreements as a starting point for asset division, and it remains open to a court to hold that a different division of assets is appropriate having regard to the section 25 factors.

What is a financial order and why is it important in protecting my entitlement?

A financial order in divorce is a legally binding document issued by a court that sets out how a couple’s capital i.e. property, savings etc, income and pensions are to be divided after their marriage comes to an end.

They are important in protecting your entitlement because without one, either spouse is able to make financial claims against the other in the future, even after divorce. It provides certainty about who owns what, and ensures all financial matters are fully settled.

If one spouse fails to comply with the terms of the financial order, the other spouse can enforce it through the courts.

Click here to view our guide to financial orders in a divorce.

Special Circumstances and Disputes

Does living with a new partner affect what I’m entitled to in divorce?

Cohabiting with a new partner does not prevent you from seeking a financial settlement and does not automatically affect your share of the marital assets. However, it may affect needs-based elements particularly maintenance and housing.

How are business assets treated when deciding entitlements?

Business assets are taken into account on divorce and can form part of the matrimonial pot.

If a business was set up or purchased during the marriage, it’s likely to be treated as matrimonial property, which means its value may need to be shared. If the business was set up prior to the marriage, or if it’s a long-standing family business, it may be considered non-matrimonial. However, even then, the court may take all or part of its value into account if the parties’ needs cannot be met without it, particularly if it has contributed to the family’s finances.

Can I make a claim if my ex remarries?

If a final financial order was made on divorce, and this included a “clean break” provision, then all future claims are dismissed preventing any party from seeking to reactivate a claim in the future, even if one of them remarries.

What are my options if I disagree with the court’s decision?

The options available to you if you disagree with the court's decision on the financial settlement will depend on why you disagree. If you are simply unhappy with the final order, then you will not normally be able to do anything about this.

However, if you think there has been a legal error, that your spouse is hiding assets, or that circumstances have changed, then you may look to apply to the court to either appeal, set aside or vary the order.

Contact our divorce solicitors

Divorce is rarely just about dividing assets, it is about achieving a fair, workable outcome that reflects your needs, responsibilities and future security. As this guide shows, entitlements can be influenced by factors such as children, pensions, business interests, debts, agreements made during the marriage and the overall financial landscape.

Because no two cases are the same, early, specialist legal advice can make a decisive difference. Taking professional guidance allows you to understand your true entitlements, explore settlement options with confidence, and avoid costly disputes or future claims. If you are navigating a divorce and want clarity, certainty and expert support, speaking to one of our experienced family law solicitors is an important first step.

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