Fifty is known as the new 30, and the phenomenon of “gray divorce”—the dissolution of marriages among individuals aged 50 and above—is on the rise. This trend is particularly notable in the United States, where the divorce rate for this demographic increased dramatically from 1990 to 2010, and today approximately one-third of divorces involve people over the age of 50.
Sociology professors Susan L. Brown and I-Fen Lin of Bowling Green State University’s (BGSU) National Center for Family & Marriage Research recently published research on gray divorce. Their research showed that the share of currently divorced adults aged 65 or older has tripled since 1990, contrasting with an overall decrease in divorce rates since 1980. Their research identified several contributing factors for late-in-life divorce, including:
- Women’s increased financial independence
- Empty nest syndrome
- Cultural shifts
The growing body of research from BGSU and several other institutions underscores the need for continued adaptation in family legal practice and societal support systems to accommodate the unique challenges faced by older adults undergoing divorce.
Traditional divorce proceedings often focus on issues affecting younger couples, such as child custody and the division of shared property. However, divorcing couples over 50 may face different concerns, including the division of retirement assets, spousal support, and healthcare.
Retirement & Savings
Many older couples have for years invested in savings and pension plans that should be equitably distributed to ensure both parties maintain financial stability post-divorce. To achieve fair outcomes, legal professionals must navigate complex financial holdings, tax implications, and estate planning in addition to traditional spousal support or alimony. This is a crucial issue, particularly if one of the individuals focused on raising children during their prime career years or earned significantly less due to prioritizing a more flexible schedule—or forestalled higher education due to childrearing. In addition to these factors, courts increasingly consider the duration of the marriage, the age of the parties, and their potential for gainful employment when determining alimony arrangements.
Healthcare & Insurance
Healthcare and insurance are also primary concerns for older adults post-divorce. Access to quality medical care and continuing health insurance coverage can become major stress points, particularly if one spouse has consistently relied on the other’s benefits. For older adults, legal agreements must address these concerns to ensure neither party faces a lack of healthcare or financial hardship due to medical expenses.
Mediation & Arbitration
There is a growing trend of resolving family law matters outside traditional court settings through mediation and arbitration when it comes to gray divorces. Mediation involves a neutral third-party facilitating discussions between divorcing spouses to reach mutually agreeable solutions. This approach is often less adversarial and more cost-effective than traditional litigation, making it appeal to older adults seeking to preserve their dignity and reduce the stress of separation.
An arbitrator, on the other hand, hears both parties’ positions and makes binding decisions on disputed issues. This offers a more private and expedited resolution compared to court proceedings—and is far less public as well.
Mediation and arbitration encourage cooperative problem-solving, which can be especially important for maintaining amicable relationships between the soon-to-be exes and their adult children, grandchildren and mutual friends. These methods also allow for more customized solutions that address the specific needs and preferences of the parties involved rather than relying on standardized court rulings that may not take into consideration the nuances of age-related separation. These means of conflict resolution also help avoid lengthy court battles and can save time and significantly reduce legal expenses, which is particularly beneficial for individuals nearing or in retirement.
Gray Divorce – A Rising Trend
The rise in gray divorce reflects broader societal shifts in how marriage is perceived in later life compared with our younger years. Thanks to increasing life expectancy, more people are reassessing their marriages and choosing paths that align with their ideas of personal fulfillment. As these perceptions evolve, so must family law practice adapt to the unique needs of this demographic by continuing to offer alternative dispute resolution methods such as mediation and arbitration. This helps ensure that even when a marriage ends, positive family relationships built over a lifetime can endure.
Ongoing research, public discourse, and evolving social constructs are essential to understanding the complexities of gray divorce, helping legal and social frameworks keep pace with this new reality. After all, if you can change your gray hair, why not change the way you live your life, too?
