According to modern divorce statistics, gray divorces are more common now than they were years ago. They outpace divorces among younger couples in many jurisdictions.
A gray divorce involves people in their 50s or later in life who may have remained married for decades. Those contemplating a change in marital status after years of sharing everything with a spouse may feel anxious about the future and unsure about their rights.
What differences make gray divorces unique when compared to divorces involving younger couples ending shorter marriages?
The laws that apply are the same
State divorce statutes do not include special rules for older adults. Gray divorces are subject to the same basic rules regarding property division and financial support as any other divorce.
However, the outcome of the divorce process can be vastly different due to the length of the marriage, the health of the spouses and the extent of the marital estate. For many people, fairly dividing property without destroying retirement plans is a top divorce priority.
People may also worry about financial support, access to benefits, such as Medicare, and how divorce may affect their social relationships. Gray divorces tend to have relatively profound consequences for couples and their family members, as there is no shared custody order to facilitate the rebuilding of relationships during and after the divorce. Spouses may feel more pressure to work cooperatively in an attempt to control costs.
Anyone preparing for a gray divorce needs insight into their rights and guidance as they navigate what can be a very complicated process. Retaining a lawyer’s services as soon as possible can help people understand divorce law and take appropriate steps when preparing to end a long-term marriage.