The O’Mara Law Group Explains: What Is Gray Divorce?

The institution of marriage is traditionally viewed as a lifelong commitment. However, statistics indicate that nearly half of all marriages end in divorce, shedding light on the changing dynamics of relationships.

Yet, divorce is not solely a phenomenon of the young. It can occur at any stage of life, challenging the traditionally held belief that older couples are more likely to stay together. The gray divorce phenomenon—divorce among couples over 50—has gained significant attention in recent years. A recent study published in the Journals of Gerontology found that 36 percent of those getting divorced are 50 or older.

At the O’Mara Law Group, we understand the unique challenges older couples face in divorce. We can help you navigate the legal process while protecting your rights.

What Is Gray Divorce?

Gray divorce is still a relatively new concept. Many people may wonder, “What is gray divorce?”

Gray divorce refers to the trend of divorces among older couples, typically those 50 and older. It is often associated with couples in long-term marriages who now face the prospect of separation. Although divorce rates have generally declined, gray divorces have dramatically risen in the last decade.

The concept of gray divorce challenges the stereotype that marital instability is primarily a concern for younger couples. Many older adults now decide to divorce, indicating that longevity is not a shield against relationship dissatisfaction or irreconcilable differences. As divorce after 50 becomes more widespread, our divorce attorneys are here to help couples navigate the legal process.

For many couples, divorce later in life comes with additional considerations compared to younger couples. These issues can make the process more challenging and complex. At the O’Mara Law Group, our attorneys fully understand the laws and processes to handle the legal aspect of divorce after 50. We can help you through the legal process while protecting your rights.

What Are Some of the Causes of Gray Divorce?

There are many causes of gray divorce, as with divorce at any age. There is no one reason a couple decides to divorce after 50. It is crucial to understand that these reasons are often complex and intertwined.

Empty Nest Syndrome

One of the primary causes is the empty nest syndrome, which describes the loneliness parents often feel when their children leave home. This situation can expose underlying marital issues previously masked by the distractions of child-rearing.

Adjusting to Retirement

As couples reach retirement age, the dynamic in the relationship changes. After working for decades, the sudden influx of free time can stress marriage as couples grapple with their newfound identities and how to spend their time.

Financial Changes

Financial changes in later life—whether due to retirement, the loss of income, or unexpected expenses—can strain a marriage. Disagreements over financial management or incompatible goals can often lead to marital discord.

Personal Growth

Over the years, individuals evolve, and their priorities may shift, often leading to couples growing apart. This personal growth can result in irreconcilable differences, leading to gray divorce. The quest for self-fulfillment and happiness often overrides the desire to maintain the marital status quo.

Increased Longevity

Advances in health care mean people are living longer, healthier lives. With increased longevity, older adults may feel less inclined to stay in an unhappy marriage, contributing to the rise in gray divorce. The prospect of many more years of life can motivate the pursuit of personal happiness and satisfaction, even if that means divorce.

Increased Societal Acceptance of Divorce

Societal attitudes towards divorce have changed significantly over time. Once stigmatized, divorce is now widely accepted, making it a more feasible option for dissatisfied older couples. This increased societal acceptance has played a role in the rise of gray divorce, as couples feel less pressured to remain in unfulfilling marriages for the sake of societal norms.

Considerations in a Gray Divorce

Divorce later in life brings unique considerations, especially since couples have typically amassed more assets and are closer to or in retirement. Understanding the challenges of a gray divorce can help a couple better prepare for the process and know what to expect.

Retirement Plans

In a gray divorce, the division of retirement savings is critical. After years of shared investment, decisions about splitting these funds can significantly impact each spouse’s financial stability after a gray divorce. Professional guidance can help ensure a fair distribution and protect your future financial security.

Social Security Benefits

Depending on certain conditions, divorced spouses may be entitled to Social Security benefits based on their ex-spouse’s record. Understanding these stipulations is essential to securing financial stability in later life.

Income and Spousal Support

With a gray divorce, the issue of income and spousal support can be complex, especially if one or both spouses are no longer working. Alimony considerations come into play and can significantly affect each party’s financial health after divorce.

Division of Assets

After years of marriage, couples usually accumulate substantial assets. The division of property—from homes and vehicles to investments and family businesses—requires careful valuation and negotiation. Achieving a fair distribution can be complex, necessitating expert legal help.


Health and life insurance are also relevant considerations in a gray divorce. Divorce can disrupt this arrangement if one spouse depends on the other’s insurance. Understanding your options and rights can help protect you healthwise and financially. Our attorneys can review your policies and help you understand your rights and options.

Adult Children and Family Dynamics

While older couples often do not have to grapple with child custody issues, the impact of divorce on adult children and family dynamics is significant. Relationships with children, grandchildren, and in-laws may change, potentially causing emotional distress.

Health Care Costs

As couples age, health care becomes a significant concern. A divorce can impact the ability to afford medical expenses, especially if one spouse relies on the other’s health care plan. Navigating health care costs can be a daunting challenge and requires thoughtful planning.

Estate Planning

Wills, trusts, and beneficiary designations typically involve the spouse and may need to be revised in the event of a divorce. An experienced attorney can help navigate these changes to ensure you meet your estate planning goals, protecting your loved ones’ legacy and financial future.

Trust the Family Law Experts at O'Mara Law Group

Understanding the intricacies of gray divorce can be overwhelming. If you find yourself navigating the complex landscape of divorce after 50, you do not have to face it alone. The O’Mara Law Group takes pride in helping clients navigate this process. We have extensive experience in family law and are here to guide you through each step. We can help you understand your options, protect your rights, and work toward an equitable solution.

Gray divorce, while complex, can often represent an opportunity for personal growth and new beginnings. Being informed about the process is crucial to navigating this life-changing event successfully. Remember, it is never too late to seek happiness and fulfillment, even if that means taking the challenging step of divorce after 50.

Contact us at (863) 603-3206 for more information or to schedule a consultation.


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