These days it’s becoming more common for married couples who are over the age of 50 to divorce. It has even been given its own name: the Gray Divorce.

While many of the legal implications remain the same, there are a number of specific things to consider for someone who is considering a divorce at this stage of their life.


Will the divorce be amicable?

Getting a divorce will be much less expensive and less stressful if both parties are in agreement that the marriage should end. If this isn’t the case, you will need to consider any financial concerns that could come with getting into a potentially lengthy court battle. For couples who are willing to work together, using a collaborative approach or relying on a mediator can be a good way to resolve disagreements and come to a solution on terms.

Are there any children who will be involved?

Though it is not always the case, the likelihood of children being involved in the divorce proceedings is higher in a more established relationship. It may be the case that the children are grown up, have moved out and become independent – but it is still necessary to consider how each parent will continue to interact with each child and how other responsibilities are dealt with, such as post-secondary education expenses.

It may also be a time to update your will and estate plan in accordance with the new realities after the divorce.

 What are the financial implications?

If you are unprepared, a divorce may wreak havoc on your financial stability, such as being unaware of any debts your partner may be responsible for or not properly considering pensions and social security in the division of assets process.

The financial considerations for someone over 50 will be different than someone who is 25 – you may not be in the workforce for much longer and need to protect your long-term financial security. You will need to make sure that your Family Lawyer is aware of this and capable to handle any challenges such as how the divorce will impact your retirement plans, and whether those plans should be set out in any agreement that you may reach.

 How will you deal with the divorce emotionally?

It may be a challenge to step away from a relationship that, at this point, may have lasted for the majority of your life. Being conscious of the emotional responses you are likely to have and anticipating how you will respond to them can be a vital part of the process for helping you get through the divorce. Again, a Lawyer can help prepare you for these situations and let you know what to expect.


Mark Epstein

Mark Epstein is the founder of Epstein and Associates, a full-service law firm with offices in Newmarket, Richmond Hill and Barrie. To learn more about Mark click

2 Responses to “All You Need to Know about getting a Divorce after you turn 50”

  1. Van

    It does not matter if the marriage lasts one day or fifty (50) years. If a marriage is properly entered into then a divorce action needs to be filed in order to dissolve the union.

  2. Susan

    I have just recently turned 55 yeas old, and have been separated for a year now. The stress, of the marriage on my children, and myself has decreased to the point that everyone can be civil again. I was 40 years old when I had my first child, I now have two, age 14 and 12 yrs old. When I am ready to start this dating thing again, I will need to look good and hard, I need to have someone who is close in age, still have young teens at home.


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