- March 6, 2025
- CLLB Law
- Divorce
With age and experience should come wisdom. Sometimes that wisdom results in the decision to end a non-functioning Indiana marriage and start a new and better life. Divorce is one of life’s greatest stressors, and the emotional and practical complexities involved can increase when people get older. Still, unlike the situation for younger married couples, the decision to divorce later in life has become more common for those aged 50 and over.
Since divorce brings major financial, social, and logistical challenges, especially for older individuals, this step should not be taken lightly. People contemplating divorce at any age can benefit from consulting with an experienced divorce attorney to help determine how divorce would affect their lives based on their individual circumstances.
Why are More Americans 50 and Older Ending Bad Marriages?
Studies have shown that although divorce has become less common for younger adults, “gray divorce” is increasing in the U.S. According to a study by the Pew Research Center, the divorce rate for those fifty and older has roughly doubled in recent years, and for those 65 and older that rate has about tripled since the 1990s. Surprisingly, the divorce rate for those 25 to 39 has decreased from 30 persons per 1,000 married persons in 1990 to 24 in 2015.
One reason for the decline in divorce for the younger generations is that they are putting off marriage until later ages, when they are more mature and financially stable. On the other hand, older adults often married when they were young, before they were fully prepared to face life’s challenges.
Other reasons for the high gray divorce rate include:
Aging of Baby Boomers: The increasing divorce rate for adults fifty and older is partially linked to the aging of Baby Boomers who, in their younger years, had high levels of divorce and often remarried and had to deal with situations such as blended families. This marital instability earlier in life contributes to the increasing divorce rate for those 50 and older today. Remarriages tend to be less stable than first marriages, with twice the divorce rate of those who have been married only once. In addition, since people are living longer lives, older Baby Boomers have more years to potentially spend in a relationship, and consequently have more chances of conflict if values and priorities change over time.
Changing Social Attitudes to Divorce: At one time, divorce carried substantial social stigma, but this has decreased, making it easier and more acceptable for couples to divorce if they are unhappy in their marriage. Baby Boomers are part of a generation that was individualistic and free-thinking, and therefore they are likely to choose personal fulfillment over staying in a marriage that is unhappy.
Women Have More Money and Financial Freedom. In previous generations, women stayed home and were financially dependent on their husbands, so they had no choice but to stay married. Since many Baby Boomer women work and have their own careers and inheritances, they are more apt to have the financial resources to make it on their own.
Changes in Lifestyle and Relationships: Lifestyles change after children leave home, and the relationship may start losing meaning. When couples realize that they have little in common once the children are gone, there is no reason to stay together “for the sake of the kids.” Some individuals want to be free to seek love, romance, or sex that has faded from the marriage; they feel that if they don’t do it now, they will run out of time. When couples realize they’ve become more like roommates than romantic partners, older adults often are not willing to remain in an unfulfilling marriage for their remaining years.
Differing Values: During long-term marriages, some individuals experience a renewed desire for personal growth or different life experiences in their later years, while their spouse may not have the same desires. When couples find that diverging values, priorities, or lifestyle choices have developed over time, conflict can arise that makes them less likely to stay together. In addition, issues that have created problems in the marriage over the years, such as infidelity, addiction, or physical or emotional abuse, may finally reach a breaking point and no longer be tolerated.
Issues to Deal With in a “Gray” Divorce
While divorce is difficult for everyone, conflicts over issues such as homes, retirement savings and the assets invested in over a long relationship can have an even more crushing impact on older couples. The following are some challenges that older couples face when going through a divorce.
Financial Concerns: Divorcing means that resources that supported one household now have to support two separate ones. When divorce comes later in life, there is less time for financial recovery before retirement. Splitting retirement accounts, pensions, and other assets can be confrontational and bring a substantial decrease in the standard of living for both spouses. In addition, alimony may be a crucial factor, and the lower-earning spouse might need a larger share of assets to secure their financial future. In Indiana, spousal maintenance, financial support of one spouse by the other after divorce, can be awarded only if:
- The spouse is physically or mentally incapacitated and cannot support themselves
- The spouse cannot support themselves because they are the caregiver to an incapacitated child
- The spouse had their education, training, or employment interrupted as a result of childcare responsibilities, homemaking responsibilities, or both.
In the third situation, spousal maintenance cannot last longer than three years. Older women, in particular, are often left in a precarious financial position, and individuals married for less than ten years cannot collect on their spouse’s Social Security record.
Dividing property: In Indiana, all assets and property owned by either spouse, whether individually or together, are initially considered to be marital property and will be divided in the divorce. According to Indiana law (Ind. Code § 31-15-7-4), the only property not subject to distribution in divorce is property either spouse individually acquired on their own after they filed for divorce or legal separation. In addition, the courts will consider factors such as each spouse’s contribution to the marriage and the economic circumstances of each spouse after division of assets and debts.
Medical Issues: Older couples often need to address health insurance concerns, especially if one spouse was dependent on the other’s policy or for long-term medical care. Divorced individuals can no longer count on a partner to help them through medical problems.
Estate Planning and Legal Issues: Updating estate plans, wills, and beneficiary designations becomes crucial after a gray divorce to ensure assets are distributed according to the wishes of each party, especially if there have been multiple marriages and separate children.
Emotional and Social Challenges: Older divorced individuals, especially men, may struggle with loneliness and lack of social support. Divorcing later in life can strain relationships with adult children and grandchildren and disrupt family traditions.
Get Legal Assistance for a Gray Divorce
Given these complex issues, it can help for older couples facing divorce to work with an experienced divorce attorney to navigate the unique challenges involved. The skilled and compassionate divorce lawyers at Church, Langdon, Lopp, Banet Law are ready to guide you through the process, protect your interests, and defend your legal rights. Based in New Albany, we proudly serve communities throughout Indiana and Kentucky.
Do not delay. For skilled and knowledgeable representation regarding any divorce issues, call us today for a consultation.
GET HELP NOW 812-725-8226
Attorney Dana Eberle
Dana is a native of Southern Indiana and is deeply devoted to Kentuckiana. After spending most of her life in Floyds Knobs, she has also lived in Greenville, New Albany, and Georgetown. Allowing Dana to become familiar with every town of Floyd County. She oversees the Family Law practice area for CLLB, and she firmly believes that helping families is her destiny. [ Attorney Bio ]