Gray divorce refers to divorce among adults ages 50 and over. And although divorce among younger adults has been declining over the past 15 years, according to Pew Research, gray divorce is on the rise.
Prevalence of Gray Divorce
According to a study published in The Journals of Gerontology by Susan L. Brown, the gray divorce rate was low and grew only modestly between 1970 and 1990 before doubling by 2010.The study found that, although the divorce rate has stagnated among middle-aged adults, it continues to climb among older adults.
In 2022, 36 percent of U.S. adults who divorced were aged 50 or older. The only group with an increasing divorce rate was found to be adults aged 65 and older.
Financial Fallout From Gray Divorce
The longer the marriage, the more assets you share with your spouse. Finances are intermingled. And now, depending on your state’s laws, retirement savings, homes, and other assets will need to be split. Both men and women experience roughly a 50 percent drop in wealth, according to a 2022 study published in Innovation in Aging titled “The Economic Consequences of Gray Divorce for Women and Men.”The study also found that women experienced a 45 percent decline in their standard of living, whereas men’s standard of living dropped by 21 percent.
Beyond just splitting assets, the cost of divorce because of legal proceedings can affect your monthly budget or retirement plans.
Dividing Assets Over 50
If you and your spouse can’t agree on how to divide assets, a judge will decide following the law of the state.Retirement Accounts Divided Through QDRO
According to The Pension Rights Center, retirement plans like 401(k) plans, 403(b) plans, and pension plans typically must be divided through a qualified domestic relations order (QDRO).A QDRO is a legal instrument that grants a person the right to a portion of the retirement benefits that person’s former spouse has earned through a private sector employer-sponsored retirement plan.
Without a QDRO to divide these benefits, people going through divorce may lose their rights to a share of those benefits and put themselves at risk for financial insecurity at retirement.
It’s important to hire an attorney who understands that retirement assets are at stake and that a QDRO is needed.
The court must be notified to ensure the former spouse provides all the information the court needs.
Life Insurance for Dependents and Alimony
Life insurance may also be subject to division in a divorce. This is especially true if there is a cash value since this may be considered a marital asset.According to Edelman Financial Engines, many divorce settlements require holding life insurance to protect child support and alimony payments.
Post-Divorce Retirement Planning
It’s important to prepare a financial plan and budget to help guide you through your divorce. You’ll want to review monthly bank and financial statements and make copies for your attorney.Taxes are often overlooked. Ensure you consult an accountant or tax attorney. If you are paying or receiving alimony, discuss this with an accountant. According to Intuit Turbotax, when you started collecting alimony determines any taxation.
According to the Social Security Administration, if you’ve been married more than 10 years and have divorced, you’re generally entitled to half of your spouse’s Social Security, provided the benefit is greater than what you qualify for. You must be 62 or older, and if you file before your full retirement age, you’ll receive a reduced Social Security benefit.







