Divorce is never easy, but for couples over 50—commonly referred to as “grey divorce”—it can be especially complex.
In my more than 35 years practicing family law in California, I’ve seen a rising trend of people seeking divorce later in life. Whether the children have grown up and moved out, or long-standing differences have simply reached a breaking point, divorcing after 50 comes with a unique set of challenges and opportunities—especially when it comes to retirement, spousal support, and dividing decades of assets.
If you’re in this stage of life and considering a divorce, here’s what you need to know.
1. Retirement Accounts Aren’t Off-Limits
Many people are surprised to learn that retirement savings—pensions, 401(k)s, IRAs—are considered community property in California if contributions were made during the marriage. That means they’re subject to division in a divorce.
Even if the account is only in your spouse’s name, if the funds were accumulated while you were married, you may be entitled to half.
Tip: Make sure a Qualified Domestic Relations Order (QDRO) is part of your divorce agreement if splitting a retirement account. This prevents unnecessary taxes and penalties.
2. Spousal Support (Alimony) Can Be Long-Term
In long-term marriages (10 years or more), California courts may award ongoing spousal support—and the duration is often linked to the length of the marriage.
At this stage in life, if one spouse has been out of the workforce (often to raise children), they may need significant financial support moving forward. Conversely, if you’re the higher earner, this may be a long-term obligation you need to prepare for.
Tip: Courts consider age, health, earning ability, and retirement plans when determining alimony. A skilled attorney can help advocate for a fair and realistic arrangement.
3. Property Division Can Get Complicated
After 20, 30, or even 40 years together, you’ve likely accumulated more than just memories—think real estate, investments, businesses, and valuable personal items.
California is a community property state, meaning assets and debts acquired during the marriage are generally split 50/50. But tracing separate property (like inheritances or pre-marital investments) and valuing complex assets requires detailed attention.
Tip: Having a team that includes a family law attorney and possibly a financial advisor is key to protecting your future.
4. Social Security and Healthcare Considerations
While not part of the divorce settlement itself, Social Security benefits and health insurance play an important role in your post-divorce life.
If you were married for 10+ years, you may be eligible to claim Social Security spousal benefits on your ex’s record. Health insurance can also be a major concern if you’re not yet eligible for Medicare and were covered by your spouse’s plan.
Tip: Plan ahead for healthcare and discuss long-term financial goals during the divorce process—not after.
5. Divorce After 50 Can Also Be a Fresh Start
Yes, grey divorce is a major life transition—but it doesn’t have to mean crisis. Many of my clients find a renewed sense of self, clarity, and purpose after going through the process.
With the right legal and financial support, you can enter the next chapter of your life with confidence and peace of mind.
Thinking about a divorce later in life?
Let’s talk. I bring decades of experience handling complex family law matters with compassion, discretion, and a focus on your long-term well-being.
(714) – 375 – 6603
bill@williamstrachanfamilylaw.com
www.williamstrachanfamilylaw.com
