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Divorce over 65: What You Need to Know

Recently, we took a closer look at Gray Divorce, which is typically defined as any divorce over the age of 50. But what happens if you’re over 65 and separating from your spouse? What are the realities of late-life divorces for baby boomers who can already collect social security? According to the Pew Research Center, the divorce rate for people 65 and over tripled between 1990 and 2015. Here are a few things you may want to think about as you move through the next steps. 

The Reasons for Late in Life Divorces

The reasons for divorce are as varied as the number of people seeking a divorce. Some of the more popular reasons we’ve seen include: 

  • No longer having the same values
  • No longer have the same interests
  • Life no longer revolves around children
  • Different values about money
  • Experiencing regrets about life choices

Retirement, for example, can cause couples to reevaluate their relationship. If one spouse is now at home all the time, it may be more than an adjustment. And if one partner wants an active retirement while the other would rather be a homebody, that can make a difference. But there are some specific concerns that you may need to address if you choose to divorce later in life. 


Divorce will affect all levels of your finances. Without child support on the table, alimony becomes more common. One partner may not be able to make it financially without alimony payments. But the other partner may find the payments are stretching them too thin as well. And alimony isn’t always cut and dry, so having a good lawyer walk you through the process will be paramount. 

Division of Assets

When you’ve had a long-term marriage, separating joint assets can be very difficult. Not only will you have a home, but almost every aspect of your finances will have meshed together. It can require surgical precision to untangle all the knots to create a fair and equitable division of assets. 

Life Insurance

Did you know that if you’re responsible for paying alimony, you may also be required to carry life insurance? You may need a policy equal to the amount and for the duration of the alimony agreement. This can come as a shock to those divorcing late in life. 


None of these facts should be accepted as a reason to stay in an unhappy marriage, but it’s essential to understand the consequences. Similarly, if you decide to remarry after a gray divorce, other considerations need to be made. It’s always a good idea to have a lawyer on your side who fully understands divorce and family law to help you through the process. 

Do you have questions about divorce after 65?   

We are Georgia divorce and child custody attorneys. This is all we have done since 1995. We can help. If you need help or have any questions, we would be happy to speak with you via email, text, or phone. Check us out at

Scott Shaw
Shaw Law Firm, PC
(770) 594-8309 (phone or text)
[email protected]