Gray Divorce: How It Differs from Other Divorces~ 2 min read

Gray divorce refers to the separation of couples over the age of 50, often after decades of marriage. Unlike younger couples, you likely aren’t dealing with child custody, but you are facing different financial and emotional challenges. Factors such as retirement planning, healthcare costs, and even the ability to re-enter the workforce play a significant role in your divorce process.

Waiting Until the Right Time

Many couples delay divorce until their children have grown, finished college, or moved out of the house. You may have prioritized family stability, choosing to wait until the right moment to separate. Others delay due to financial concerns—if one of you is the higher wage earner, spousal support and retirement age may impact your decision. Some couples even wait until both spouses retire to avoid being financially stuck in an undesirable situation.

Financial Challenges in Gray Divorce

1. Retirement and Asset Division
   • Your retirement savings were likely built with the expectation of a shared future. Dividing these assets can significantly impact both of you. You may find yourself needing to adjust your retirement plans, downsize, or even return to work to support yourself financially. Spousal support may also be a consideration, especially if one partner was the primary earner.
2. Health Concerns and Medicaid Planning
   • Health issues become more common as you age, and they can complicate a divorce. If one of you requires ongoing medical care, Medicaid planning may come into play. Some couples even choose divorce to protect assets while ensuring one spouse qualifies for Medicaid assistance. However, asset division must be handled carefully to avoid penalties and ensure both parties remain financially secure.

The Benefits of a Collaborative Divorce

Collaborative Divorce is an ideal approach for gray divorces. Without the emotional strain of child custody battles, you can focus on securing your financial future and protecting your health needs. This process allows you to negotiate fairly, avoiding the high costs and stress of litigation. If you and your spouse are on good terms, Collaborative Divorce can make your transition into this next phase of life much smoother.

Contact Family Ally

Going through a gray divorce requires careful planning and the right legal support. At Family Ally, we understand the unique financial and emotional aspects of divorcing later in life. Our collaborative approach helps you achieve a fair and respectful resolution, allowing you to move forward with confidence. Contact Jennifer Piper at 314-449-9800 to schedule a consultation and to discuss how we can support you through this transition.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.