Divorce rates for older couples, sometimes called “grey divorce,” have been gradually increasing over time.
When couples split up later in life, their worries are different than younger couples. Just as in life, money is a key consideration, along with retirement income, housing, health care, and adult children considerations.
Grey divorce is complicated, and divorce without full knowledge of UK law can be intimidating.
The Differences With Grey Divorce
Fostering Asset Building in your Senior Years
Divorced couples are all about financial stability. While the younger set has time to recover financially, those going through a divorce at an older age have limited chances of recuperating financially.
Asset division needs to be done very carefully so that neither party is left high and dry in their retirement.
Dissolution of a marriage involves costs of maintaining separate households, spousal support, and adjustment to a new financial reality, all of which can create financial strain. It is essential to have proper legal and financial planning.
Division of Retirement Assets
As a result, pensions, retirement accounts and investments often comprise a good deal of marital property. Under UK law, these assets must be divided fairly.
Important points to consider include:
- Orders for pension sharing, which means one partner is awarded some of the other’s pension.
- Lump-sum payments rather than division of pensions to equalize financial settlements.
- Protecting the equitable distribution of ISAs and long-term savings.
- If retirement assets are not handled correctly in a divorce, it can lead to one or both parties’ future financial security being in jeopardy
Housing and Healthcare Needs
Older people facing divorce also must consider where they will live and how they will pay for medical care.
Key decisions include:
- Will one partner retain the family home, or will it be sold and divided?
- How will private health care, long-term care or assisted living be funded?
It must include the ability to access affordable and accessible housing to meet future needs.
Mental and Emotional Health Challenges
The ending of a long-term marriage can be an emotional, lonely time filled with overwhelming uncertainty about the future.
Some common emotional battles are:
It might feel something like this: Grieving the loss of a relationship that has lasted decades.
- Anxiety about starting over.
- Separation from mutual friends or relatives.
You can also seek help from counsellors, therapists, or senior divorce support groups.
Impact on Adult Children
Unlike will-divorcees with young children, the greatest impact of a divorce on grey couples may be felt by their grown children.
Challenges may include:
Toxic family dynamics in particular — if children are made to feel as if they should “pick sides”
- Real worries of inference and wealth.
- Holiday traditions and family gatherings.
- Having open and transparent communication with adult children can help smooth the transition.
Grey Divorce UK — Legal Implications of Grey Divorce
Division of Assets
There is no presumption in UK law that it should be half one and half the other; rather, it will be what is fair. Courts will consider:
- The length of the marriage.
- Type of financial contributions made by each spouse.
- Healthcare, retirement security and other future financial needs.
Marriages that last longer tend to result in a more even division of assets.
Spousal Maintenance (Alimony)
If one spouse has been financially dependent then spousal maintenance (also known as periodical payments) may be ordered.
Courts will look at, among other things:
- The recipient’s ability to provide their own support.
- The financial capacity of the paying spouse.
- The duration of the marriage and sacrifices made (e.g., one spouse giving up work to raise children
This is especially pertinent for people approaching retirement age when your ability to earn is capped.
THE GREY DIVORCE: HOW TO SUCCESSFULLY NAVIGATE A GREY DIVORCE
Seek Professional Guidance
Consult lawyers and financial advisers who are experienced with the nuances of gray divorce. Financial advisers can assist with planning for long-term protection and tax ramifications.
Understand Pension Rights
Be sure to properly disclose pension, investment, and retirement funds and divide them equitably. To ensure financial security, separating pension orders or offsetting arrangements are essential during a divorce.
Get Ready for Healthcare and Housing Requirements
Check the costs of private healthcare, long-term care and housing. Think about who will pay for these expenses after the divorce.
- Make Emotional Well-Being a Priority.
Therapists, support groups and close friends can all play a crucial role in this work.
How to Talk to Adult Children
Our children need us to be real — to share the good and the bad, to give them the tools to deal with life in a way that does not also burden them with our unnecessary emotional baggage or create a family divide.
How Freeman Harris Can Help
At Freeman Harris, we know that grey divorce has its own challenges. The family law team at Hughes have the legal experience, knowledge and understanding to offer clear, compassionate advice that is specific to your situation.
Whether it’s making fair settlements or dividing up retirement funds, we work with clients to legally settle what they are entitled to.
Grey divorce is often the springboard for the next chapter of life, and that can be a great chapter. It’s a path you will often take with the help of an attorney.
For trusted assistance during this transition, contact Freeman Harristoday.
