Trends in who files for divorce have changed over time. The rise in gray divorce may be one of the most significant trends in family law in recent decades. For those unfamiliar with the term, the phrase gray divorce refers to a divorce scenario between spouses who are in their 50s or beyond.
Typically, gray divorces occur after decades of marriage. Couples who have lived together long enough for their children to be adults in many cases decide they wish to divorce. Researchers have recorded a threefold increase in gray divorce filings over the last few decades.
Couples in their 50s and beyond are the only major demographic with a significant increase in divorce rates in recent years. What do older spouses contemplating gray divorce need to know about the process?
Divorce laws are the same regardless of age
The rules that govern divorce are essentially the same regardless of the spouses’ circumstances. State statutes impose broad guidelines that judges can interpret based on unique family circumstances, and those laws are the same from one case to the next.
Gray divorces typically do not feature custody issues because the older adults divorcing may already have grandchildren. However, their divorces frequently involve the division of valuable marital property. Spouses may need to be particularly careful when handling asset division negotiations in a gray divorce.
They have less time to rebuild their financial circumstances before retirement or may already live on a fixed income because they have retired. Older spouses need to understand how the equitable distribution process works to understand what resources they can rely on while rebuilding after the divorce.
In cases where one spouse may receive a pension while the other does not because they stayed home with the children or focused on their career, issues related to alimony may arise. A judge can award a spouse with fewer resources alimony in consideration of their unpaid contributions to the home and the standard of living maintained during the marriage.
Older adults considering divorce so that they can fully enjoy their golden years may need to learn more about basic rules that apply, including property division standards and rules about financial support. They may need to keep their attention focused on their long-term financial stability and may need help avoiding the common emotional pitfalls that can arise during divorce negotiations.
Learning more about gray divorce and state statutes can help people as they begin preparing for a major change in circumstances. With the right strategy and support, a great divorce may lead to a happier retirement rather than lead to more hardship and stress.