Divorce later in life, often referred to as “gray divorce,” has become increasingly common. According to the American Psychological Association, the divorce rate among adults aged 50 and older has surged in more recent years. While there are many different reasons why a couple might decide to get divorced, there are unique financial and legal considerations when divorcing after age 50.

Divorce can be expensive at any age. However, when you are closer to retirement and perhaps not yet eligible for Social Security, the financial hit of divorcing can be particularly hard. If you are contemplating divorce after 50, our Austin gray divorce attorneys can help you understand your options and plan strategically for your future.

At the Law Office of Jason Wright, we offer skilled legal representation to couples dealing with divorce and other family law matters. Whether you are 25 or 65, we can advise you of your rights and fight to protect you legally and financially in a divorce. Reach out to our law firm to schedule a confidential consultation with an Austin divorce lawyer.

What Is a Gray Divorce?

A gray divorce is a term that was coined by the AARP to describe the increase in divorce rates among couples aged 50 and older. While not everyone in their 50s will have gray hair (or consider themselves to be older), the term has stuck as a way to describe people getting divorced later in life. 

The divorce rate for older Americans is higher than it has ever been in the past. In 2024, approximately 40% of all people divorcing were aged 50 or older. Compared to 1990, when only 8% of all divorces involved people over 50, this number represents a significant increase. In opposite sex marriages, ⅔ of all gray divorces are initiated by women.

There are many reasons why couples divorce after age 50. In some situations, the reasons are the same as in any type of divorce – infidelity, intimacy issues, or financial difficulties. However, there are some unique issues that our Austin gray divorce lawyers tend to see more frequently with older clients.

First, some couples have been unhappy for quite some time, but chose to wait until their kids left the house to get divorced. Alternatively, once a couple has an “empty nest,” they may realize that they don’t have much in common without the kids to hold them together. Combined with natural mid-life changes that can occur (like menopause and andropause), it may lead some couples to reconsider staying married.

Second, as couples approach or enter retirement, they may find that their interests are no longer aligned. It may be the first time in their marriage that they are spending 24 hours a day, 7 days a week together. Even if a couple has been together for decades, this major life change may push them to realize that they simply aren’t happy in their marriage.

Third, Americans have longer life expectancies than ever before. This can change the math for many couples on staying together. Faced with the prospect of spending 20 to 30 years together after retirement, some choose to divorce instead.

Fourth, health problems also tend to come with age. The financial, emotional, and logistical pressure of dealing with health issues can put a lot of strain on a marriage. When one or both partners is diagnosed with an illness or becomes disabled, it may lead the couple to divorce.

No matter what the reason for the divorce, the simple reality is that divorce after age 50 can be more complicated than divorcing at a younger age. Below, we break down some of the financial and legal considerations that are unique to gray divorce. Our Austin divorce attorneys can offer you insight and help you explore your options if you are thinking about divorce after age 50.

Financial and Legal Considerations When Divorcing After Age 50

The legal process of getting a divorce in Texas is exactly the same regardless of your age. While you might be more likely to share minor children when divorcing at a younger age, there are some other differences that should be taken into account when deciding to get divorced at an older age.

One of the most significant issues in a divorce after age 50 is property division. Couples who have been married for many years have often accumulated substantial assets, such as investment portfolios, retirement accounts, real estate, businesses, and valuable personal property. Even if you haven’t been married for long, there is a greater likelihood that one or both spouses have more assets than they did in their 20s.

Untangling these finances can be complex. Texas is a community property state, which in basic terms means that anything that was earned or acquired during the marriage is divided.  There are rules for determining if something is the separate property of one or both parties, and separate property is not divided. Texas courts presume that any property that spouses have during their marriage is community property, absent evidence to the contrary. 

Because this community property may represent a lifetime of savings, it is important to fully understand the value of each asset and the long-term impact of any divorce settlement. A decision that seems fair in the short-term may have serious financial consequences in the future. This is particularly true in a gray divorce, where the parties may not have many years left to work and rebuild their assets or their financial security. 

One of the biggest assets that many couples have after age 50 is their retirement accounts. 401(k) plans, IRAs, pensions, and other retirement benefits are often a key factor in a gray divorce. Many retirement plans require a Qualified Domestic Relations Order (QDRO) to divide the account without adverse tax consequences. 

Understanding how and when retirement benefits can be accessed is essential when negotiating a divorce settlement if you are closer to retirement age. Divorcing later in life can also raise concerns about whether each spouse will have sufficient retirement income to support themselves independently. This makes it all the more important to have a seasoned Austin gray divorce attorney to represent your interests and advise you of your rights.

There are many other financial and legal issues that may crop up in a gray divorce, such as:

• Spousal support: In Texas, spousal support is not automatic. However, it is an issue in longer-term marriages if one spouse does not have the financial means to support their minimum reasonable needs after the divorces.
• Health insurance and medical costs: If one spouse has relied on the other’s employer-sponsored health insurance, divorce may result in loss of coverage. If that spouse is not yet eligible for Medicare, purchasing private insurance may be particularly expensive due to their age. Health insurance and medical costs are a critical factor to consider in a gray divorce.
• Social Security benefits: In some cases, a divorced spouse may be able to claim benefits based on their former spouse’s work record. Understanding how divorce can affect Social Security benefits is important to help both parties plan more effectively for retirement after a divorce.
• Estate planning and beneficiary updates: When divorcing later in life, it is particularly important to make sure that all of your estate planning documents, life insurance policies, payable-on-death accounts, and retirement accounts are updated. Otherwise, you run the risk of your soon-to-be-ex inheriting assets, retaining decision-making authority, or receiving your benefits after you become disabled or pass.

Divorcing after age 50 raises the financial stakes because both spouses have a more limited time to rebuild themselves financially before retirement. Working with an experienced Austin divorce attorney can help to ensure that your rights are protected and that both legal and financial considerations are addressed. Reach out to our law firm at any time to talk to a member of our team about what divorce might look like for you at any age.

Talk to an Austin Gray Divorce Lawyer

For many people, getting older brings wisdom and clarity. This may lead you to reconsider your marriage and decide that you want a divorce. While gray divorce has its challenges, a thoughtful plan can help you prepare and get the best possible outcome.

The Law Office of Jason Wright represents clients in Austin and beyond who are going through divorce and other family law matters. We will help you develop a proactive strategy for your divorce that protects both your legal and financial rights. To learn more or to schedule a consultation with an Austin gray divorce lawyer, give us a call at 512-706-9662 or fill out our online contact form.