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Read more articles in: Blog, Family Law, Stuart Daniel

What makes silver divorce different – and legally more involved?

A divorce later in life, often called a silver divorce, can look quite different to one that happens in your 30s or 40s.

If you are over 50 and separating after a long marriage, you might find that the issues at play are harder to untangle, especially when it comes to finances, housing and planning for the years ahead.

This is not just a rare scenario, either.

In 1990, fewer than one in ten divorces involved people over 50.

By 2019, that had jumped to over a third. Changing social attitudes, longer life expectancy and changes in financial independence, especially for women, are all part of the picture.

So what actually makes a silver divorce different? And what should you think about if you are in this position?

Long marriages mean more to sort out

The longer you have been with someone, the more your lives and finances are likely to be tied together.

By this stage, many couples have bought property, paid into pensions, built up savings or investments, or even run a business together.

Deciding who gets what is not always straightforward.

This is especially important in later-life divorce, when there is often less time to rebuild savings or pensions.

Reaching a fair outcome now matters for both people’s futures.

Pensions – Do not forget what has been built up

Pensions are often one of the biggest financial assets in a silver divorce, sometimes even more valuable than the family home.

However, they are also easy to overlook, especially if only one person has built up a large pension pot.

In many cases, it makes sense to look at a pension sharing order, which allows retirement savings to be divided between both partners.

This is particularly relevant where one person has taken time out of work, worked part-time or taken on caring responsibilities during the marriage.

Spousal maintenance – Future income after divorce

Spousal maintenance may be part of the conversation, especially if one person is close to or past retirement and won’t easily return to work.

If the marriage has lasted many years, and one partner has relied on the other financially, a longer-term arrangement might be needed.

Every case is different, and the law looks at things like income, needs, and what each person can realistically afford.

The goal is to make sure both people can move forward without being left in hardship.

What about the children?

Even if your children are grown up, divorce can still have an impact.

You might still be supporting them with university, house deposits or other costs. There may also be emotional consequences, especially if adult children feel caught in the middle or unsettled by the change.

It is worth thinking carefully about how the divorce might affect family relationships, and making plans that keep things as calm and clear as possible.

Time to update your plans

A divorce is also a good time to review the practical things many people put off such as Wills, life insurance policies and powers of attorney.

These documents are often still set up to benefit your ex, or rely on them for decision-making.

This is also the time to think about where and how you want to live in future, and what kind of support you may need, whether that is emotional, financial, or medical.

Moving on, with good advice

Going through a divorce in later life can feel daunting, especially after a long relationship.

There may be more to sort through, and it can take time to adjust.

However, the right legal advice and forward planning makes it possible to make clear decisions that protect your interests and help you plan for the next stage of life.

If you are thinking about divorce or have already started the process, we are here to help guide you through it. Contact us today for support.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.