Can I claim a loss of earnings in a divorce?

Divorce settlements can be complex and emotionally challenging, often involving various aspects, such as the division of assets and financial support. One key area that spouses may consider during the process is claiming compensation for lost earnings. This article explores the possibilities of claiming compensation for lost earnings as part of a divorce settlement.

What are the factors the court considers for lost earning in a divorce?

The Matrimonial Causes Act 1973 provides a comprehensive framework for resolving financial matters in divorce cases. While the act does not explicitly mention compensation for lost earnings, it does empower the courts to make financial orders that take into account the financial needs, resources, and earning capacities of the parties involved.

When determining compensation for lost earnings, the courts consider several factors, including:

• The disparity in earning capacity between the spouses, taking into account factors such as education, work experience, and training opportunities. If one spouse has made career sacrifices or interrupted their employment for the benefit of the family, they may have a stronger case for claiming compensation.
• The duration/length of the marriage plays a crucial role in determining compensation for lost earnings. Generally, the longer the marriage, the greater the likelihood of a successful claim, as the court considers the impact of one spouse’s sacrifice on the other’s career prospects.
• The court assesses the financial dependency of the spouse seeking compensation. If one spouse has been financially reliant on the other during the marriage, they may be entitled to compensation to support their transition to financial independence.
• The impact of childcare responsibilities on the earning capacity of the spouse seeking compensation. If one party has primarily undertaken childcare duties, which limited their career advancement, they may be eligible for compensation.
• The future earning potential of both parties. This assessment involves considering the age, health, and skills of the spouse seeking compensation, as well as their prospects for employment or career advancement.

It is important to note that each case is unique, and the outcome depends on the specific circumstances and the judge’s consideration of relationship generated disadvantages.

What is considered a relationship generated disadvantage?

A party who gives up their career or seriously impedes their career prospects for the marriage and the family may be considered as putting themselves at a relationship disadvantage. Many couples, regardless of their income level, are familiar with this scenario – the costs of childcare being just one factor that may prevent one parent from pursuing their career. Nevertheless, there are real consequences on earning capacity and career progression, which can have a lifelong impact.

In the case of RC v JC [2020] EWHC 466 (fam), the central issue was the division of marital assets and the consideration of a potential compensation claim for lost earnings by RC, the wife. She argued that, during the course of the marriage, she had made significant career sacrifices to support JC, the husband, in his professional endeavours, and claimed her sacrifices had adversely affected her earning capacity. She sought compensation for the lost earnings she believed she would have accrued had she not made those sacrifices.

The court considered several factors, including the length of the marriage, the financial dependency of RC, the disparity in earning capacity between the parties, and RC’s future earning potential. They also analysed case precedents related to compensation claims for lost earnings, such as the landmark cases of White v. White and Miller v. Miller. After a thorough examination of the evidence and arguments presented, the court ruled in favour of RC and awarded her a substantial sum as compensation for her lost earnings. The judgment highlighted the court’s recognition of the principle of compensating a spouse who had made significant contributions to the other spouse’s career or sacrificed their own professional development for the benefit of the family.

While case precedents provide insights, each case is unique, and seeking legal advice from a family law specialist is essential for navigating the complexities of divorce settlements and maximising the chances of a fair financial outcome.

Is compensation for loss of earnings in a divorce for women only?

Compensation for loss of earnings is not limited to women, although in many cases, it is the wife who sacrifices their career to look after the family. Families and working parents increasingly buck traditional roles and there are more stay-at-home dads now than there have ever been before. Had it been the husband in the above case who had stepped back from his career, whilst the wife’s flourished, there is nothing to suggest he would not have had a successful case and similar outcome.

Where a husband can show he had given up what would otherwise have been a successful career with a proven track record, and was left at an economic disadvantage as a result, then a claim for compensation is worth considering. The bar for loss of earnings compensation is equally high, no matter whether the claimant is male or female.

Are there any alternative approaches?

In some cases, parties or the court may consider alternative options to claiming compensation for lost earnings. For instance, they may negotiate for a larger share of the marital assets or seek spousal support payments to bridge the financial gap.

Assets or income available at the time of the divorce may not be sufficient to cater for compensation claims, and only meet the needs of the parties. Other cases, where there is a surfeit of assets, may already cover losses in the division of assets. The courts consider various factors, including income disparity, length of marriage, financial dependency, childcare responsibilities, and future earning potential.

Given the complexity of divorce settlements and the wide range of factors considered, it is crucial to seek legal advice from a family law specialist. A knowledgeable solicitor can provide guidance tailored to your individual circumstances, assess the potential for claiming compensation for lost earnings, and advocate on your behalf during settlement negotiations or court proceedings.

If you have concerns about your divorce and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.