The announcement that Tess Daly and Vernon Kay are to separate after 22 years of marriage has prompted many people to ask - what does divorce actually look like after a long marriage? What are the financial and legal issues that couples in their position might face?

While we cannot comment on the specifics of Tess and Vernon’s situation, their separation shines a light on a set of issues that are common to many couples separating after a long marriage - and which require careful and specialist legal advice.

Financial settlements after a long marriage

One of the most significant features of a long marriage is that the finances of both parties are typically deeply intertwined. Assets accumulated over many years - property, savings, investments, and business interests - will often be treated by the court as matrimonial assets, available for division between the parties.

In a long marriage, the starting point for the court is usually equality. That does not necessarily mean a 50/50 split, because the court will look at the needs of both parties, amongst other factors, and achieve an outcome which is fair in all the circumstances.

Pensions - the asset people forget

Pensions are frequently the most valuable asset in a long marriage - and the most overlooked.
After 22 years of marriage, both parties may have built up substantial pensions during the marriage. These are matrimonial assets and must be disclosed and considered as part of any financial settlement. For couples who are closer to retirement age, pensions take on an even greater significance. Unlike younger couples who have time to rebuild pension provision, those approaching retirement are more dependent on the pension assets they have already accumulated. The division of pensions can therefore be one of the most consequential decisions in the entire settlement.

There are several ways in which pensions can be dealt with on divorce. A pension sharing order transfers a proportion of one party’s pension to the other. Alternatively, pension offsetting allows one party to retain their pension in exchange for the other receiving a greater share of another asset - such as the family home. Where pensions are significant, offsetting requires careful analysis to ensure that the trade-off is genuinely fair - pension income in retirement and capital today are not always straightforward to compare.

Getting pensions right on divorce requires specialist advice and, in many cases, the input of a pension actuary to ensure that the true value of each pension is properly understood and fairly accounted for.

Maintenance

Where there is a significant disparity in income between the parties, the court may order one party to pay spousal maintenance to the other. In a long marriage, this is particularly relevant where one party has prioritised family life over career - perhaps stepping back from work or reducing their hours to raise children, leaving them in a financially weaker position on separation.

The duration and amount of any maintenance order will depend on several factors, including the length of the marriage, the needs of the recipient, and their ability to achieve financial independence over time. For those closer to retirement age, the prospect of rebuilding a career and achieving financial independence is more limited, and the court will take this into account.

Separating after a long marriage and with grown-up children

Tess and Vernon have two daughters. Their youngest is understood to be 17- right on the cusp of a legally significant threshold.

Under Section 25 of the Matrimonial Causes Act 1973, the court is required to give first consideration to the welfare of any child of the family who has not yet attained the age of 18. In practical terms, this means that where there are minor children, the court’s primary focus is on ensuring they are adequately housed and provided for.

Once children reach the age of 18, that statutory obligation falls away. The court’s focus shifts to the parties themselves, even where the children remain in tertiary education or training and dependents. 

Financial provision for adult children may also be a consideration and requires professional advice.

For families, the timing of proceedings can be highly relevant, and is one of many reasons why early specialist advice is so important.

A final word

Separating after a long marriage is rarely straightforward — financially or emotionally. The stakes are high, the assets are often complex, and the decisions made now will shape both parties’ financial futures for decades to come.