Divorce Over 50: Key Issues in “Gray Divorce”
August 14, 2025
Divorce is never an easy decision, even when it’s the right one. The decision to end your marriage isn’t simple. Yet the “gray divorce” rate (divorce for couples over 50) has tripled over the past 30 years. While the reduced stigma surrounding divorce may be one factor, the life changes that come after turning 50 can be the catalyst for many couples. Infidelity or betrayal can play a role, but most divorces aren’t that dramatic.
Some couples realize only after their children have all flown the nest that their marriage isn’t as healthy as they thought. Once they aren’t focused on raising their family, these issues come to light. Others find that as they’ve matured, their priorities and interests have shifted and they aren’t as compatible anymore. Others may face financial changes that impact their relationship. No matter what the reason, a gray divorce presents some unique challenges.
Divorce Hits Different After 50
Ending any marriage can be difficult, but if you are ending a long-term marriage, even if your reasons are rock solid, there can be a significant emotional impact. For better or worse, you and your spouse “grew up” together, spending your formative adult years together while navigating careers, homes, and family. While a younger couple going through a divorce may be optimistic about their future romantic prospects, older couples may not be focused on transitioning to another relationship.
Rather than relaxing into a new stage of retirement and adult children, these couples are facing a good deal of uncertainty, and this can be difficult. The house isn’t just an asset to divide – it’s the family home where you raised your children. Family dynamics can be shaken, even after the children are grown, and exciting events, like weddings, grandchildren, long-term friendships with other couples, and the enjoyment of your retirement can all be colored by divorce. While most “gray divorce” couples are prepared to handle the division of assets and negotiating spousal support, they need to make sure that they have a good support system in place to navigate the emotional impact that’s coming.
Dividing Retirement Accounts and Other Assets
Divorce impacts couples in every financial situation, but younger couples often haven’t had the time to build up their assets, meaning that they can have less to divide in a divorce. Older couples have built up pension plans, retirement accounts, and financial portfolios that are intended to support them during their retirement years. They are also more likely to own property that will need to be valued and divided. Any retirement account you contributed to during your marriage can be considered marital property, even if the account is in your name only. Compounding this financial stress is the realization of having limited time to rebuild retirement savings. If you are nearing retirement, your attorney can help you determine the full value of your assets, help you negotiate a fair division of those assets, and help you understand the tax implications of any financial moves you make during the divorce process.
What About Insurance?
If you and your spouse have individual healthcare plans, this may not be a concern. If one spouse has been covered by the other’s employer-sponsored plan however, this can be challenging. Younger couples may gamble with healthcare, especially if they are fortunate enough to be healthy, but for older couples, healthcare is a necessity, and adequate coverage is a must.
There are options for older adults in these situations, but they do take some time and research. All divorcing couples need to make sure they have addressed healthcare. Many couples also need to handle short- and long-term disability insurance and life insurance if they were on the same policy during their marriage.
Changes to Estate Planning
By the time you and your spouse have reached this point in your lives, you’ve probably addressed estate planning, but divorce can throw even the best plans off. You and your spouse will both need to update your wills, trusts, and legal documents to reflect your new status.
Most couples will have their spouse as their beneficiary on any policies, and you’ll need to make sure that everything is updated to reflect your current wishes. If you fail to update these documents, your family can face a lot of complications if anything happens to you unexpectedly. Make sure that you look at everything you’ve set up and make any necessary changes.
If you are unhappy in your marriage, age doesn’t matter. You don’t need to stay in a marriage that isn’t working just because things may get complicated. The best way to move forward after a divorce later in life is to work with an experienced divorce attorney. They can guide you through all the steps you need to make to safeguard your future. If you or your spouse is filing for divorce and you don’t know what to do next, contact my office today.