How assets are split in a divorce

The factors a court weighs when dividing property, savings and pensions, and why 50/50 is a starting point rather than a rule.

Updated 19 August 2026·7 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

There is no fixed formula. A court applies a list of statutory factors to reach an outcome that is fair in your circumstances, with the needs of any children first.

What is weighed

  • The income, earning capacity and resources of each of you.
  • Your financial needs and obligations, now and in the foreseeable future.
  • The standard of living during the marriage.
  • Ages, length of marriage, and any disability.
  • Contributions to the family, including caring for children.

Matrimonial and non-matrimonial

Assets built up during the marriage are usually shared. Inheritances or pre-marriage property may be treated differently, though not if they have been mixed into family finances or are needed to meet needs.

Making it stick

Whatever you agree, put it in a Consent Order and have it sealed by a judge. An informal agreement can be reopened.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

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Frequently asked questions

Is it always 50/50? ▼

No. Equal sharing is a starting point for long marriages, but needs, children and earning capacity frequently move it.

Does who left the marriage matter? ▼

Almost never. Conduct is only relevant in extreme cases.

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