Grey Divorce: What It Is and Considerations if You are Going Through One

Divorces among couples age 50+, known as grey divorces, currently comprise 40% of divorces, according to a recent article in The New York Times[1]. Grey divorces have a different set of challenges than divorces among younger couples. Parenting responsibility and timesharing are much less significant issues with this demographic, while retirement planning, spousal support and healthcare expenses take the center stage.

In any divorce, all assets are split between both individuals. In a grey divorce, individuals have less time to recoup the financial impact of splitting their assets in half than a younger couple has. Many couples going through a grey divorce soon realize that they may need to retire later or adjust their expectations of the lifestyle they had envisioned living in retirement. In addition to working with a divorce attorney, couples may want to work with a financial planner who can advise on how to minimize the tax burden while dividing retirement assets.

Figuring out what to do with the marital home also creates difficulties. On top of the emotional and sentimental issues related the marital home, there are financial challenges as well. Maintaining a home equivalent to the one that the couple owned together may not be feasible on one income and / or with only half of the financial assets.

Spousal support is a larger issue in grey divorces than when younger couples divorce, especially if one of the spouses stayed home to raise a family. For younger couples, the stay-at-home spouse often goes through retraining to re-enter the workforce. However, if a spouse left the workforce decades ago, that individual has lost nearly all of their earning power. Even with job retraining, it can be very difficult for an older individual to launch a new career due to ageism as well as potential health issues that could limit their ability to work. Another issue for the lower earning or stay-at-home spouse is Social Security benefits. That individual can file for Social Security benefits based on their own work record or their ex-spouse’s record, whichever is higher, assuming they were married for at least 10 years.

Healthcare expenses create complexities in grey divorces as well. If one of the individuals was covered under their spouse’s employer-sponsored health insurance, they will need to find new health insurance. If that individual is under age 65, they can buy COBRA coverage from their ex-spouse’s employer for up to 36 months and then follow that with coverage from the Affordable Care Act marketplace. Both of these options will be more costly than their existing employer sponsored-plan. If the individual is age 65+, they can buy Medicare.

Grey divorces have different challenges than divorces for younger couples. If you are age 50+ and are thinking about divorce, call Troy Legal to learn how we can help you navigate your situation as expediently and compassionately as possible.

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[1] “Why Older People Are Divorcing More Than They Used To,” The New York Times, June 22, 2026, https://www.nytimes.com/2026/06/22/well/family/gray-divorce-empty-shell-marriage.html.