Expert Witness Journal Issue 67 June/July 2026 - Flipbook - Page 91
How are personal injury awards
treated on divorce?
by Jenny Bowden, Partner, Divorce and Family & James Philpott, Associate, Personal Injury
at Stewarts Law LLP.
the evaluation, 25% of marriages had broken down
in the two to eight years after the traumatic brain
injury.
Sustaining a personal injury can be a serious and lifechanging event. When an accident or injury occurs,
the primary focus is on the person directly a昀昀ected
by the injury, as they require the most immediate
care and support. However, the reality is that a
serious incident rarely impacts one person alone,
as the lives of everyone around them, their spouse,
children, parents, friends and carers, can also be
deeply a昀昀ected. In part one of this two-part article,
Divorce and Family partner Jenny Bowden and
Personal Injury associate James Philpott consider
personal injury awards in the context of divorce.
While the research 昀椀ndings do not support
contentions that an individual with a brain injury
is at greater risk of divorce relative to the general
population (the average divorce rate in England
and Wales currently stands at 42%), it illustrates
just how important it is to understand not only the
emotional and physical toll of a serious injury but
also the impact on relationships and the 昀椀nancial
consequences should a marriage break down.
The impact of serious injury can ripple through
many aspects of an injured person’s life. Serious
injury often brings with it 昀椀nancial worries and
practical di昀케culties, while also placing additional
pressures on relationships, marital or otherwise.
This 昀椀rst part of the article examines the 昀椀nancial
implications of relationship breakdown, the division
of assets on divorce and the treatment of personal
injury damages. Part two will explore the practical
steps you can take to protect personal injury awards
to preserve the funds for the injured person’s future
needs.
Research has shown that following a traumatic injury,
the strain on a relationship can, for many, prove too
di昀케cult to overcome. One UK study, undertaken by
brain injury charity Headway, collected responses
from more than 1,000 individuals a昀昀ected by
brain injury. While 35% of brain injury survivors
felt that their relationship with their partner had
strengthened after the injury, the research also
found that 38% felt that their relationship with a
partner or spouse had broken down, and 28% said
that the relationship had categorically ended. Of
spouses and partners surveyed, 27% felt that their
relationship with the injured survivor had broken
down, while 12% reported that their relationship
had categorically ended.
How are a divorcing couple’s assets treated
on divorce?
The Matrimonial Causes Act 1973 (MCA 1973)
sets out the legislative provisions that govern the
distribution of assets between divorcing couples,
with priority given to the welfare of any minor
children. The court has powers to make 昀椀nancial
awards on divorce under the MCA 1973, such as
transfers of property, lump-sum payments and
maintenance payments. It will strive to achieve a
‘clean break’ where possible to avoid any ongoing
昀椀nancial ties between the couple. In determining
the appropriate 昀椀nancial outcome, the court will
consider a wide variety of factors as set out in section
25 of the MCA 1973. The ‘section 25 factors’ include:
the income and earning capacity of both parties, the
parties’ present and future needs, their standard of
living during the marriage, the age of the parties,
These results corroborate research on the rates of
divorce and separation post-injury in the US. One
study conducted in the USA tracked marriages of 120
patients in the 30 to 96 months following a traumatic
brain injury. The research uncovered divorce rates
of 17% and separation rates of 8%. At the end of
EXPERT WITNESS JOURNAL
89
JUNE 2026
