Gray Divorce

Quick Guide

Quick Guide to Gray Divorce Issues

Here is a quick reference guide to the unique issues you may need to consider in a Gray Divorce:


Divorcing when you're closer to retirement can result in a less comfortable retirement for each spouse after it's divided. Or you may find yourself needing to access your retirement funds early. You may need to prepare to make decisions about delaying retirement, increasing your retirement savings, or retiring with a different lifestyle than you'd originally planned.

Social Security

In some cases, a spouse is entitled to benefits based on his/her spouse's social security, depending on the duration of the marriage and each spouse's income. Getting remarried will stop any spousal social security benefits.

Income and Spousal Support

When a marriage ends, especially a long-term marriage, there are many issues surrounding income. How will each spouse maintain an income stream? Will it require rejoining the workforce, paying or receiving spousal support (alimony), or splitting a fixed income if you're retired?

Division of Assets

Divorces later in life often involve more significant assets. The division of the property, both community property and separate property, will be subject to several considerations unique to Gray Divorce, such as how close each person is to retirement, the length of the marriage, and more.


In a Gray Divorce, the age of the parties calls for issues surrounding both health and life insurance to be addressed. This includes each person's ability to afford health insurance. To be able to remain on a spouse's health insurance plan, a legal separation instead of divorce is a possibility to be discussed.


As people get older, there is an increased chance that competency may be an issue affecting that person's ability to represent their own best interests. In such a situation, an attorney or the court may wish to have competency proved and take measures to protect the rights of a party who is found not competent.

Long-Term Considerations

Issues surrounding getting older, such as facing the prospect of long-term care and preparing for one's final wishes, often need to be considered in a Gray Divorce. Updating your estate plan both during and after the divorce is advised, as well as planning for the provisions and costs of long-term medical care, should it be required.

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