'Special contributions' in divorce: Can you get more than 50%?

When deciding on how to approach the question of splitting assets, the Court’s starting point under English law is that the assets are split evenly between the parties – the infamous 50:50 split. However, there are various factors and arguments that can be brought before the Court that can tip the scales in favour of one party and depart from this split. This includes the concept of ‘special contributions’ which refers to an extraordinary contributions made by one spouse during the marriage, which justifies a departure from the principle of equal sharing. 

Vardags’ specialist family law team are highly-skilled and experienced in successfully arguing such points in front of judges in the Supreme Court and below.

What is a ‘special contribution’?

At its core, ‘special contribution’ refers to extraordinary financial contributions made by one spouse during the marriage. These contributions can arise in the following situations:

• Exceptional financial success during the marriage;
• Portraying business or entrepreneurial genius; and/ or
• Possessing truly unique skills and talents.

However, understanding what constitutes a ’special contribution’ is anything but straightforward. In practice, these cases are extremely rare and complex to argue. In fact, there are just a handful of reported cases where ‘special contribution’ has been successfully argued.

In essence, it is not about comparing one party’s contributions to the other party’s contributions. Instead, the Court focuses on evaluating the contribution itself. To be deemed ’special,’ these contributions must possess an entirely exceptional and truly outstanding individual quality. These contribution should shine out as glaringly inconsistent with fairness if overlooked.

Deciding what counts as ‘special’ largely rests in the hands of the judge. This means that there are no strict rules or clear-cut definitions, and the Court will consider the arguments made by lawyers in the case carefully as a result. The Court will only consider an uneven division if there is a compelling reason to do so.

How do the courts decide?

UK courts follow the Matrimonial Causes Act 1973, which promotes fairness and equality. However, they may consider special contributions if:

1. The contribution is exceptional and unmatched by the other spouse.
2. It is quantifiable and clearly identifiable.
3. It has had a significant impact on the couple’s wealth.

Factors Courts Consider:

• Was the contribution truly “special” or just part of a successful career?
• Did the other spouse contribute equally through homemaking or childcare?
• Would awarding more than 50% be fair and just?

Will My Non-Financial Contributions Be Considered by the Court?

Yes. Under English law, non-financial contributions—such as raising children, managing the household, or supporting your spouse’s career—are treated as equally important as financial contributions.

The courts follow the principle of non-discrimination between domestic and financial roles, as established in key case law. This means that a stay-at-home parent or homemaker is considered to have made an equal contribution to the marriage as a high-earning spouse.

The Court’s Goal: To achieve a fair and balanced outcome for both parties, regardless of how each contributed to the marriage.

I Made a Lot of Money During My Marriage—Can I Claim ‘Special Contribution’?

Possibly—but it’s not easy.

To successfully claim a special contribution, you must show that your financial success was the result of exceptional skill, effort, or innovation—not just high earnings or a lucky windfall.

The court looks for:

• A unique talent or entrepreneurial genius
• A direct and active role in wealth creation
• Evidence that your contribution was extraordinary and unmatched

Simply earning a high salary or receiving a windfall (e.g. inheritance or stock options) is not enough to meet the threshold.

If I Prove a ‘Special Contribution’, What Share of the Assets Could I Receive?

If the court accepts your claim, you may receive more than 50% of the marital assets. However, the departure from equality is usually modest.

Typical Outcomes from decided cases:

• 55:45 in favour of the special contributor
• Up to 67:33 in rare, high-value cases

The court applies a high bar and considers each case individually.

‘Special contribution’ in case law

There have been various notable cases highlighting the complexities of ‘special contribution’ claims in divorce proceedings.

Work v Gray [2017] EWCA Civ 270

Mrs Gray secured a victory against her husband, US businessman Randy Work on his ‘special contribution’ argument. Despite his substantial wealth and successful career, the Court ruled that Mr. Work’s contributions were not significantly greater than Mrs. Gray’s, considering the sacrifices she had made throughout the marriage, including her relocation to Japan and the fact that she had raised their children in a foreign environment.

Chai v Peng [2017] EWHC 92 (Fam)

The case draws parallels with the 2017 High Court Vardags’ victory in Chai v Peng [2017] EWHC 92 (Fam), where Vardags refuted a claim for ’special contribution’ successfully arguing that homemakers deserve equal remuneration upon divorce. Our client was awarded £64 million from her former husband, the hugely successful business tycoon and entrepreneur Khoo Kay Peng, concluding a four-year divorce battle.

The Ryan Giggs Case

The former Manchester United footballer, Ryan Giggs, attempted to avoid paying his estranged wife half of his fortune on the grounds of his ‘genius’.

Giggs held that his ‘special contribution’ to the matrimonial funds was such that it merited a departure from the normal starting point of equality between breadwinner and homemaker. The parties eventually reached an agreement in private and the details of their agreement were never published with the case being kept confidential. However, the lead up to the settlement, along with current case law on the topic, evidence that these types of cases are generally decided on whether the wealthier party’s work was of such a truly significant and special character as to set them aside in a notable and novel way.

Key Takeaway: Courts are reluctant to award special contribution based solely on wealth. The contribution must be truly exceptional and distinctive.

If you are currently navigating the complex waters of divorce and wish to explore and/or safeguard your interests in the context of ‘special contributions’, our highly experienced family lawyers and financial forensics team are skilled and well-versed in providing tailor-made advice to meet your needs and craft and/or defend these specialised legal arguments.

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Further reading

• https://vardags.com/family-law/special-contribution-divorcecourt-of-appeal
• https://vardags.com/law-guide/important-divorce-cases/charman-v-charman
• https://vardags.com/family-law/ryan-giggs-special-contribution
• https://vardags.com/family-law/wife-awarded-453m-divorce-settlement-london
• https://vardags.com/posts/vardags-client-pauline-chai-secures-one-of-the-highest-ever-court-awards