The Relationship Between Marital Breakdown And Loss Of Employment In The UK

• Published date: 10 January 2023
• Subject Matter: Employment and HR, Family and Matrimonial, Discrimination, Disability & Sexual Harassment, Family Law, Divorce
• Law Firm: Withers LLP
• Author: Ms Jennifer Dickson and Libby Payne

Divorce Day is said to be the first Monday of the new year, when family lawyers' phone lines ring off the hook after couples had spent a fraught Christmas together. It has been a stock tabloid front page every January. Those of us working in family law know it is a bit more subtle and sophisticated than that, but it is true that there is something about the new year that can give people the impetus to do something about a marriage which perhaps has been unhappy for a while.

Whilst capital assets (properties, investments) are often central to a financial settlement between a couple, employment income is also key. But separating couples should bear in mind the potential chicken-and-egg link between marital breakdown and loss of employment. A strained marriage can impact on an employee's performance at work, and problems in the workplace are often taken home and can put pressure on a relationship.

Loss of employment leading to marital breakdown

We see time and time again a divorce arising out of one party experiencing a torrid time at work, potentially resulting in the end of employment. Our home lives and work lives are (rightly or wrongly) increasingly intertwined and many of us draw much of our identity from our work. When things are not right at work, this can lead to things not being right at home.

Not addressing work-related issues when trying to resolve relationship issues may therefore not result in a complete solution. The loss, or potential loss of employment can then have a significant effect on the financial arrangements relating to the divorce as discussed below.

Marital breakdown leading to loss of employment

Experiencing the loss of a relationship, navigating even the most amicable of divorces and adjusting to new living arrangements can be distracting and disruptive. It is naive to think that this will not often have an effect on work performance. If employees in this situation do not tread carefully, they can find themselves in a difficult situation at work, either having their performance managed or being forced out of work altogether.

There is no specific protection in employment law for those going through marital breakdown. Whilst the law does protect discrimination on the grounds that an employee is married, it does not protect against discrimination on the grounds that someone is single or getting divorced. Only in very particular circumstances (e.g. where employment is connected to a religious organisation or where the couple work for...