Divorce is always difficult, regardless of age. However, those going through a “gray divorce” can face a variety of emotional, legal, and financial challenges. While the attitude toward divorce has changed with each generation, many older adults are now finding it easier to leave an unhappy marriage. In fact, statistics show that 36% of divorces are among those age 50 or older.

What is a Gray Divorce?

The term “gray divorce” refers to a divorce that occurs when a couple is over the age of 50. Divorce among spouses in this age bracket are becoming more common due to a variety of factors — greater financial independence and longer life expectancies can contribute to the decision to part ways. A couple may also have waited to divorce until after their children have left home. While many gray divorces occur after decades of marriage, other couples may be divorcing after a second or third marriage that they entered into when they were older.

What are the Unique Issues in a Gray Divorce?

The same issues need to be decided in a gray divorce as in any other divorce case. While child custody and child support are usually not at issue when couples part ways later in life, property and asset division can become much more complicated. Some of the issues that must be determined in a gray divorce include the following:

• Spousal support — Also referred to as “alimony,” spousal support can be a contentious matter for couples who divorce after many years of marriage. If one spouse remained out of the workforce to raise the children or support the other’s career, they can be at a significant economic disadvantage in divorce. When determining whether support should be granted to a spouse who was financially dependent upon the other, a court in Michigan would consider the spouse’s ability to work and become self-sufficient, among other factors.
• Property division — While couples may accumulate a substantial amount of assets over the course of a marriage that lasted for many years, property division can be much more complex. Assets that may need to be divided in a gray divorce can include real estate, retirement assets, artwork, jewelry, vehicles, collectibles, and business assets.
• Debt allocation — Just as older couples may have acquired a significant amount of property, they might also have a variety of debts. Any debts acquired during the marriage will need to be addressed and allocated in the divorce.
• Division of retirement assets — The division of retirement assets can be a key area of concern in a gray divorce. Having to split these assets can potentially delay retirement and impact a spouse’s ability to maintain the lifestyle they had planned for.

Spouses may also need to take health insurance into consideration. For example, if one of the parties has medical needs and is on their spouse’s policy, they may need to make arrangements for insurance until they reach Medicare age. In addition, Social Security benefits can come into play when negotiating property division. While these benefits cannot be divided in divorce, a qualifying spouse may still be entitled to collect on their ex-spouse’s record.

Benefits of Using Alternative Dispute Resolution in a Gray Divorce

Mediation can offer an effective alternative to the courtroom in gray divorce matters. Not only is the process less stressful and more cost-effective than litigation, but it can also give spouses the opportunity to work collaboratively and find creative solutions. Since mediation is low conflict, it can also help to preserve family relationships, which is essential if a couple shares children or grandchildren. Importantly, this alternative dispute resolution method also offers privacy and helps ensure a couple remains in control of the outcome of their case.

Similarly, the collaborative divorce process can allow spouses to part ways with less conflict and cost, compared with litigation. With this method, spouses can assemble a team of professionals tailored to the needs of the case. Financial professionals can help spouses find tailored solutions to complex financial matters and mental health professionals can provide spouses with the emotional support they need as they navigate the divorce process. Like mediation, this approach helps couples focus on creating a positive future, rather than dwell on what happened in the past.

Contact an Experienced Michigan Divorce Attorney

If you are going through a divorce later in life, it’s essential to consult with a knowledgeable divorce attorney who can advise you of your legal rights and options. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a wide range of matrimonial and family law services to clients in Michigan facing gray divorce. You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.