Children’s Special Education Needs and Disabilities (SEND) and the impact in divorce and separation

Children’s Special Education Needs and Disabilities (SEND) and the impact in divorce and separation | Wednesday 3 December 2025 | 4 min read

The number of children requiring support for Special Educational Needs and Disabilities (SEND) is rising.

In the academic year 2024/25, over 1.7 million pupils in England (18.4% of all pupils) were diagnosed as SEND. This includes 483,000 children with an Education, Health and Care (EHC) plan (an 11.1% increase) and those receiving SEND support (up 3.7%). More families in these circumstances are also experiencing divorce or separation, making an already difficult process even more complex.

Financial considerations in divorce

SEND-related needs can significantly affect financial settlements and may need to be considered by the Court if a settlement cannot be reached.

Key considerations:

1. Higher costs of meeting the child’s needs: A child may require therapy, counselling, attending specialised schools, extra tuition, as well as medical expenses and specialised equipment. The family Court can consider these additional expenses.

2. Impact on work and earning capacity. Often, the main carer is unable to work to their full working capacity. Although both parents are expected to maximise their earnings, the family Court has wide discretionary powers and make exceptions on individual cases. It is therefore important to provide the Court with as much detail early on in the matter.

3. Housing needs. In many cases a child may do well with a set routine and pattern. They can be better able to regulate their emotions when in familiar situations and surroundings. The family home therefore plays an important role; it provides stability and may well have been adapted for their needs. This can affect decisions about retaining the home.

4. The Court’s “cut-off” periods. Financial orders often end when a child turns 18. This may not work when a child has additional needs, the family home may need to be retained, or the main carer may not be able to work full-time. The reality is that even when a child becomes a young adult, their care needs may continue, and the Court can be asked to consider this, provisions such as placing funds in a trust can be considered by parents.

 

Unmarried couples

Unmarried couples separating, can apply under Schedule One of the Children Act for financial support including housing, educational costs and additional maintenance where the paying parent’s income is over the Child Maintenance Service threshold (currently £156,000 gross per annum). It can also include for example, additional tuition.

Frequent examples:

Many families face challenges once divorced or separated which need to be taken into consideration at the outset of financial discussions:

Epilepsy

I have had clients whose children have Epilepsy and attend mainstream school but have issues around school trips with the costs being significant.

Children with Epilepsy are usually able to attend school trips (and each school will have their own policies and procedures) but they may not be permitted to stay overnight.

In this situation parents either have to collect their child at the end of the day and drop them back in the morning, or as I have seen, parents collect their child and stay in a local hotel near to where the school is staying. This way they can drop the child back in the morning and not have to travel a far distance.

Even using school gym equipment and the associated risk is limiting to the child if the school are unable to provide the one-to-one supervision they deem is needed. In one case the child could only take part if the parent attended and provided such supervision.

ADHD/Autism

The impact of ADHD and Autism is different for each child and may require specialised childcare settings or providers with experience in supporting neurodivergent children. This can be more expensive than mainstream childcare.

Whilst the financial burden is important, divorcing or separating families with a neurodivergent child can have unique challenges due to the impact on the child’s behaviour, routine and emotional well-being. Children with ADHD may struggle with the changes and inconsistencies of a divided household, whilst an autistic child may experience heightened anxiety from disruptions in routine and difficulty adjusting to new environments and the different routines in each parent’s household.

Missing School/Leaving early

Some neurodivergent children may only manage attendance at school for a few hours a day, whether in mainstream or in a special needs school. Parents therefore either need to be available to collect the child from school or arrange additional childcare, it can also be difficult for parents to manage a child’s behaviour when they return home if they have been trying to mask anxiety during the school day.

Early specialist legal advice is highly beneficial for families navigating these issues. If you would like more information or to speak with one of our family law solicitors, please contact us.

• 

  Sonal
  Parekh (née Teli) Associate Solicitor
  Family Law Team

  • Phone 01727 798 060
  • Email sonal.parekh@salaw.com