Alternatives To Gray Divorce

The decision to end a marriage later in life can be extremely difficult. Many couples, even at an advance age, are not prepared for the unique legal issues that come with divorce. When terminating a marriage, older individuals must take into account insurance, business interests, healthcare, retirement savings, estate planning, and social security. As senior divorce becomes more common, it has been dubbed “gray divorce.” Below, we detail why gray divorces are becoming more common and what legal alternatives are available.

What Is A Gray Divorce?

The phrase “gray divorce” is used when referring to divorces involving spouses above the age of 50. Typically, this phrase is used to describe divorced couples of the Baby Boomer generation. The overall divorce rate has declined over the past two decades, yet it has actually doubled for the married population above the age of 50. As gray divorce becomes more of a trend, experts are digging into some of the common reasons why these separations are occurring.

Commons Reasons For Gray Divorce

Why are so many people filing for divorce at an advanced age? Here are a few common trends that have been associated with the gray divorce phenomenon.

Finances

Many individuals or couples will hold off on filing for divorce until they feel financially stable enough for the process. Financial stability appears to be more of a female trend nowadays, as 66 percent of divorces between the ages of 40-69 are initiated by women. This could be quite a clear indication that women feel most financially stable in this age range.

Retirement

When one or both spouses retire, it’s no secret that lifestyles can change drastically. This can ultimately have a negative impact on a marriage. Oftentimes, married couples find that the increase in time spent together is not making them happy.

Empty Nesters

Unfortunately, some couples may find that their marriage is not strong enough to survive on its own after children have left the home.

Divorce Cycle

Second, third and fourth marriages have a lower success rate. Multiple marriages is not uncommon among the Baby Boomer generation. The divorce rate for individuals over 50 with more than one marriage is 2.5 times higher than individuals who have only been married once. Remarried individuals over the age of 64 are four times more likely to end their marriage in divorce.

Postponed Divorces

Postponed divorces are common for couples with kids. Couples may choose to postpone their separation until the children are grown. Even if one or both spouses are unhappy in the marriage, they may wait on divorce and choose to raise the child(ren) together.

Overall Dissatisfaction

With general attitudes becoming more relaxed toward divorce, more and more people over 50 are finding it easier to decide on divorce.

Is Legal Separation A Better Alternative To Gray Divorce?

Not every state will have an option for legal separation for spouses who wish to live separately while remaining married. This situation has many benefits for spouses with shared benefits, such as pensions and health insurance.

Under a legal separation, one spouse can inherit property from the other spouse after their death. A legal separation will require spouses to agree on a fair division of marital assets and debts, just like in a divorce. Spousal support may also be a requirement of the legal separation depending on your location.

What Are Some Other Alternatives To Gray Divorce?

There are a few other alternatives to a gray divorce or legal separation. Here are a few common alternatives to these two legal options:

• Marital counseling.
• A trial separation.

Rather than going straight to court, some couples may choose to undergo marriage counseling or attempt a trial separation for an agreed upon amount of time.

Source: “Intro To Gray Divorce” McKinley Irvin, https://www.mckinleyirvin.com/resources/gray-divorce/