The length of your marriage will have an impact on your divorce settlement. Generally speaking, the longer you are married, the more likely it is that your settlement will be closer to an equal division of your assets. What length does not do is set a formula, and no number of years entitles you to half of anything.
The short answer: there is no minimum time you have to be married to be entitled to a 50/50 division of the matrimonial assets, and no length that guarantees one. The starting point in England and Wales is equal division of the matrimonial assets, whatever the duration. Length matters because it changes what counts as matrimonial, and because it shapes how far the court departs from equality to meet each person’s needs. Marriages over 20 years are generally treated as long, five years or less as short.
This guide applies to England and Wales.
How long do you have to be married to get half of everything?
There is no qualifying period. A one-year marriage and a 30-year marriage start from the same principle: the matrimonial assets are shared, and the usual starting point is an equal split.
Two things then move the outcome away from a straight half. The first is what falls inside the matrimonial pot. In a short marriage, there is often little in it, because most of what you own was brought in rather than built together. In a long marriage, it is usually almost everything.
The second is need. Where an equal share will not house or support one of you, particularly where there are children, the court can and does depart from equality. A 50:50 split is a starting point for negotiation, not the final outcome, and you are not guaranteed an even split, whether you divorced after 35 years or after one.
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What constitutes a long marriage?
Defining what constitutes a ‘long’ marriage is somewhat difficult. There is no definitive legal description of a long marriage, which means that it is usually up to the court’s discretion to determine this on a case-by-case basis. Generally speaking, marriages over 20 years will be considered long and marriages of five years or less will be considered short. There is a grey area about what constitutes a longer term marriage which is likely to continue to change as the average length of marriages does.
Are settlements different for short marriages?
Yes, a settlement will be different for a short-term marriage. Short-term settlements tend to be determined primarily on the capital contributions of each party rather than an equal split of everything you own.
The distinction that matters is not really the number of years but whether your finances have merged and whether financial needs have been created by the relationship. For example, a couple who married young, pooled everything and had a child within two years may have a very different settlement to a couple who kept their finances separate during a short marriage.
What you might expect at each stage of a marriage
These are broad tendencies, not entitlements. Every case turns on its own facts.
Under 5 years
Treated as short. Expect the focus to be on returning each of you to roughly the position you were in beforehand, with assets brought in more likely to stay with whoever brought them. Where you both work, earn comparably and have no children, a departure from equal sharing is realistic. Where there is a child, needs dominate regardless.
5 to 10 years
The grey area. Pre-marital, non matrimonial assets are still arguable, but the longer the marriage , the harder that argument becomes. Meeting needs is still the driving factor. Pension accrual starts to matter here and is frequently overlooked.
10 to 20 years
Most assets will now be treated as matrimonial, including growth on what one of you brought in. Relationship generated financial disadvantages carry real weight, and spousal maintenance becomes a live question rather than an unusual one.
Over 20 years
Treated as long. Equal sharing of the whole matrimonial estate is the realistic expectation, and where an asset came from carries much less weight than at year three.
Does living together before marriage count towards the length?
Yes. Where cohabitation moved seamlessly into marriage, the court can treat the relationship as beginning at the point you committed practically and financially rather than on the wedding day. A three-year marriage preceded by eight years of living together and buying a house will not usually be treated as short. This is the most common reason a marriage that looks short on paper is not always treated as such.
Matrimonial and non-matrimonial property: what length actually changes
Matrimonial property is what you built during the marriage; non-matrimonial property is what one of you brought in, inherited or were given.
The sharing principle applies to matrimonial property. Non-matrimonial property can become matrimonial over time, and over long periods of time non matrimonial property can become integrated or ‘mingled’ with matrimonial property. But the conversion is not automatic. In Standish v Standish [2025] UKSC 26, decided on 2 July 2025, the Supreme Court held that whether an asset has been “matrimonialised” depends on how the couple treated it and why, not on whose name it is in. In this case, a transfer for tax planning was not enough – there needed to be an intention to share the asset.
So, a long marriage makes it far more likely that everything is shared, but it does not automatically absorb wealth, which is always treated as one person’s.
What assets are included in a divorce settlement?
All aspects of your finances are considered, typically:
- Capital assets and debts: property, shares, savings, investments, and existing debt held individually or jointly
- Pensions
- Businesses
- Vehicles and other chattels
Your income and earning capacity will also be a factor.
If you are applying to the court, you will both need to complete a Form E financial disclosure document, which is the most effective way of gathering what is needed to reach a fair settlement whether or not there is an application.
What other factors determine a financial settlement?
Length is one of eight factors. Under Section 25 of the Matrimonial Causes Act 1973 the court must consider all the circumstances, giving first consideration to the welfare of any child of the family under 18. Section 25(2)(d) requires regard to “the age of each party to the marriage and the duration of the marriage”, alongside:
- The income, earning capacity, property and other financial resources of each of you
- The financial needs, obligations and responsibilities of each of you
- The standard of living enjoyed before the breakdown of the marriage
- Any physical or mental disability of either of you
- The contributions each of you has made to the welfare of the family, including looking after the home or caring for children
- Conduct, but only where it would be inequitable to disregard it
Frequently asked questions
Is my husband entitled to half my house if it is in my name?
Possibly. Whose name is on the title is not decisive. If the property was bought during the marriage or has been treated as the family home, it is likely to be matrimonial and shared to permit you both to rehouse.
What am I entitled to after 30 years of marriage?
Expect equal sharing of the whole estate as the starting point, including pensions and assets one of you brought in. Where one of you earns significantly less as a result of the marriage, you may receive more than half to meet your needs and create a fair division.
I have only been married two years. What am I entitled to?
Usually what you brought in, plus a share of anything built together. If you cohabited beforehand, the relationship may be treated as longer than the marriage. Where there are children, their needs come first. For the wider picture see what am I entitled to in a divorce settlement.
Does it matter who ended the marriage?
No. Divorce in England and Wales has been no-fault since April 2022 and conduct only affects finances where it would be inequitable to disregard it (a high bar rarely met in practice).
Our solicitors are here for you
If you are unsure about what you could be entitled to in a divorce settlement, or you need clarification on how the length of your marriage is likely to affect your negotiations, our expert family law solicitors will be able to lend their support.
We understand how stressful divorce settlements can be, particularly as they can often prove to be a common source of contention. Our experts are here to make sure you clearly understand your position and what a fair settlement would look like so you can secure an outcome that meets your needs and those of your loved ones.
For advice on agreeing on a fair divorce settlement or help to make the settlement legally binding, take advantage of your free 30-minute consultation with our expert divorce financial settlement solicitors by calling 0800 321 3832 or completing our quick online form.
Karen Willis
Family law solicitor King’s Lynn
This article is general information about the law in England and Wales and is not legal advice for your situation. Written by Karen Willis, family law solicitor with Woolley & Co, based in King’s Lynn, North Norfolk, with over 25 years’ experience in family law. Woolley & Co is authorised and regulated by the Solicitors Regulation Authority, SRA number 563859.
Last reviewed: 7th October 2026
