You’ve spent decades building a life, a home, savings, and a retirement plan. But now, your marriage is no longer working, and you’re contemplating a new beginning. If you’re thinking about divorce after 50? You’re joining many other Coloradoans. The number of couples choosing to part ways later in life is rising, and the reasons are often more practical than emotional.
Whether you’re reevaluating priorities, managing empty-nest realities, or simply growing apart, this guide details the financial stakes and provides tips on protecting your assets.
What Is a Gray Divorce?
The term “gray divorce” refers to a separation or dissolution of marriage involving spouses over 50 years of age. These couples have often been together for decades and may be approaching retirement or already retired. According to Purdue University, while national divorce rates have declined overall, the rate of divorce after 50 has more than doubled since the 1990s.
Common triggers include changes in lifestyle, financial independence, grown children leaving the home, or evolving personal goals. However, divorcing later in life is unique in its economic complexity, particularly regarding pensions, retirement accounts, and Social Security benefits.
Why Is Gray Divorce on the Rise?
Several social and financial trends contribute to this late-in-life split, including:
- Longer life expectancies,
- Reduced social stigma around divorce,
- Greater financial independence for women, and
- People reassess personal fulfillment and happiness in retirement.
As these factors shift, more couples reevaluate their future, even if it means dividing long-held assets.
Divorce After 50 Years of Marriage: Pros and Cons
While every situation is different, there are some common themes to consider when evaluating the pros and cons of divorcing after 50 years of marriage.
Some benefits of grey divorce include:
- Increased personal freedom and independence,
- The ability to restructure your retirement goals around your needs, and
- Relief from long-standing marital stress or emotional strain.
On the other hand, divorcing after decades of marriage carries the following challenges:
- Reduced income and possibly a smaller retirement fund,
- Emotional or relational shifts with adult children, and
- Complicated decisions about property and long-term care.
Assessing short-term and long-term benefits and consequences can help you decide whether divorce is the right path or if another option might make sense.
Financial Risks of a Retirement Age Divorce
Ending a long-term marriage introduces specific challenges, especially when retirement is near or underway. These risks don’t just affect your future. They can reshape your present.
Here are some common gray divorce issues to watch for:
- Division of retirement assets. Pensions, IRAs, 401(k)s, and annuities may be subject to Colorado’s equitable division law. Courts look to divide marital assets fairly, but not always equally.
- Loss of shared benefits. Spouses may lose access to employer-sponsored health insurance or other shared resources, increasing personal expenses.
- Reduction in retirement readiness. You may need to delay retirement, return to work, or revise financial plans to reflect the new realities of your situation.
- Social Security complexities. You may be eligible to claim spousal benefits based on your ex-spouse’s work record if the marriage lasted 10 years or more and you remain unmarried.
These financial implications can be significant and require careful attention during settlement negotiations.
Alternatives to Gray Divorce
For some, ending the marriage may not be the only option. Several alternatives to gray divorce may be worth exploring, such as:
- Legal separation allows one to live independently and preserve access to certain benefits while remaining legally married;
- Postnuptial agreements establish financial boundaries without ending the marriage; and
- Therapy or mediation helps clarify goals and reduce conflict, whether you choose to stay or separate.
While not for everyone, these options can serve as strategic steps or long-term solutions.
How to Protect Your Assets During Divorce After 50
Asset protection becomes a critical priority if you proceed with an elderly divorce for financial reasons. These steps can help you protect what you’ve built:
- Start by getting a clear picture of your financial landscape. Documentation helps you and the court understand what’s at stake.
- List all retirement accounts and pensions. Identify account values and whether they are premarital or marital.
- Review Social Security options. Evaluate whether you qualify for spousal or survivor benefits.
- Create a post-divorce budget. Anticipate changes in income, healthcare costs, and housing.
- Assess tax implications. Consider how alimony, withdrawals, or asset divisions affect your tax status.
- Consult financial professionals. Work with a divorce-focused financial advisor or accountant when possible.
Early planning allows for smoother negotiations and fewer post-divorce adjustments.
Trust Plog & Stein, P.C. for Your Complex Divorce Matters
At Plog & Stein, P.C., our attorneys bring over 70 years of combined family law experience, handling complex financial and retirement-related divorce issues with precision and discretion. We represent clients across Colorado who need strategic, level-headed representation during significant life transitions.
We deliver tailored services based on your needs, from full representation to one-time strategy sessions. Whether you’re going through a divorce, modifying an existing support order, or seeking financial clarity before taking action, we provide straightforward advice backed by decades of legal experience.
Let’s Talk About What Comes Next
Divorcing after 50 is not just a legal matter. It’s a financial and personal turning point. Contact us today, and we’ll help you evaluate your options, protect your interests, and plan for what’s ahead with clarity and certainty.
Frequently Asked Questions
Can I Keep My Pension If I Divorce After 50?
Colorado courts treat pensions earned during the marriage as marital property if earned during the marriage. You may need a QDRO to divide it appropriately.
Will I Lose My Social Security Benefits If I Get Divorced?
If you were married for at least 10 years, you may still be eligible for spousal or survivor benefits based on your ex-spouse’s record, depending on your age and marital status.
Is Gray Divorce More Common Among Women or Men?
Recent studies show that women are initiating more gray divorces, often due to financial independence, personal growth, or long-term dissatisfaction.
