Gray Divorce (Divorce Over Age 50)

Divorce after age 50, often called gray divorce, presents a very different set of concerns compared to divorce earlier in life. When a long-term marriage ends, the legal, financial, and emotional considerations become significantly more complex. At Adams, Luka, & Benton P.A., we represent individuals facing later-in-life divorce in Orlando and throughout Central Florida, including Seminole, Osceola, Lake, Polk, Sumter, and Marion Counties.

The dissolution of a decades-long marriage can be overwhelming. Many couples approaching retirement age, or already retired, must consider how divorce will impact their financial security, retirement plans, health insurance, estate planning, and support obligations. For some, the end of a marriage comes after raising children and building a life together, only to reach a point where priorities, goals, or relationships evolve. Others may be on their second or third marriage, with blended families and complicated asset histories.

Gray divorce is not just about ending a relationship. It is about building a sustainable, independent life after the separation. The legal strategies and protections needed for someone in their 50s, 60s, or 70s are very different from what a divorcing couple in their 30s may need. Our attorneys are here to help you make informed decisions during this critical time in your life.

Divorce over age 50 often involves more substantial assets, longer financial histories, and deeper emotional investments. Unlike divorces between younger couples, there may be less concern about child custody but more emphasis on dividing retirement accounts, understanding health coverage implications, and evaluating the viability of post-divorce financial independence.

Gray divorce typically includes:

• Retirement accounts such as pensions, IRAs, 401(k)s, and annuities that have been built over decades and must now be divided.
• Health insurance considerations, especially when one spouse relies on the other’s employer-sponsored plan.
• Long-term care planning, including the potential need for in-home care or assisted living.
• Social Security entitlements based on the other spouse’s work record.
• Spousal support that reflects the economic realities of aging and retirement.

Many individuals going through gray divorce worry whether they can retire on time, whether they will have to return to work, or whether they can keep their home. These are not small concerns. Our attorneys take the time to understand your priorities and provide the legal structure needed to support them.

In gray divorce, retirement accounts are often the most valuable marital asset. Florida law requires equitable distribution, which means retirement savings accumulated during the marriage are subject to division, regardless of which spouse’s name is on the account.

Retirement division must be handled with precision. IRAs, 401(k)s, and other defined contribution plans can often be divided using a court order, but pensions and defined benefit plans may require Qualified Domestic Relations Orders (QDROs). These orders must be carefully drafted to avoid early withdrawal penalties and tax consequences. Mistakes in this area can be costly and irreversible.

If one spouse worked in government, the military, or had a union job with pension benefits, additional complexities may arise. Our firm collaborates with financial professionals and pension experts to ensure an accurate valuation and fair division.

Alimony is more likely to be a central issue in gray divorces than in divorces between younger couples. Many spouses in long-term marriages have made life decisions that depended on the other's income, career, or benefits. In some cases, one spouse may have sacrificed career advancement to support the household, raise children, or manage the home. Florida courts can award several types of alimony, including temporary, bridge-the-gap, rehabilitative, and durational.

When evaluating alimony in gray divorce, courts may consider:

• The standard of living established during the marriage
• The length of the marriage
• Each spouse’s age, physical condition, and financial resources
• The earning capacity and employability of both spouses
• The contributions of each spouse to the marriage, including homemaking and childcare

Whether you are the spouse seeking support or the one being asked to pay, our attorneys will advocate for a resolution that aligns with your financial realities.

Health care costs are a serious concern for many individuals going through a divorce later in life. If you are under 65 and not yet eligible for Medicare, you may have relied on your spouse’s employer-provided insurance. Divorce can bring this coverage to an end, and continuing it through COBRA can be prohibitively expensive.

Understanding how your divorce will affect your access to health care is essential. We work with clients to identify potential coverage options and incorporate the cost of medical insurance into settlement negotiations and spousal support discussions.

If you have chronic health conditions, need ongoing prescriptions, or anticipate future surgeries or treatments, these factors should be discussed early in the divorce process.

Social Security benefits may also be impacted by divorce, especially if your marriage lasted ten years or more. Under federal rules, a divorced spouse may be eligible to receive benefits based on their former spouse’s work record if certain conditions are met. This can be especially important for lower-earning or non-working spouses.

Our attorneys will help you understand whether you qualify for divorced spouse benefits and how that might affect your retirement income strategy. Although Social Security decisions are not made by state courts, the information can be essential in understanding your full financial picture post-divorce.

While child custody and support may no longer be issues in gray divorce, the presence of adult children still shapes the divorce experience. Children who are financially dependent on one or both parents, whether due to college tuition, disabilities, or living arrangements, can complicate asset division and budgeting.

Additionally, adult children may take sides, strain family relationships, or feel obligated to intervene in the divorce. Parents often want to preserve harmony and avoid long-term damage to the family unit. Our attorneys help clients navigate these emotional waters with discretion, always respecting the broader context of family and legacy.

A long marriage often means significant shared property, including real estate, investments, vehicles, retirement accounts, and personal possessions. Florida’s equitable distribution standard does not always mean a 50/50 split, but it does require a fair division based on the circumstances.

Key concerns in gray divorce include:

• Whether to sell the marital home or allow one spouse to retain it
• Division of real estate, including vacation homes or rental properties
• The effect of capital gains taxes on property transfers
• Valuation and division of business interests or professional practices
• Determining which assets are marital and which are non-marital

At Adams, Luka, & Benton P.A., we analyze asset portfolios to identify risks, tax implications, and growth potential. We ensure that property division negotiations protect your future while minimizing unnecessary legal battles.

Gray divorce often prompts a full review of estate plans, wills, powers of attorney, and beneficiary designations. If your spouse is listed as your health care surrogate, executor, or primary beneficiary on insurance or retirement accounts, you may need to update those designations immediately after the divorce.

Our firm frequently works with estate planning professionals to ensure all documents reflect your new status. This includes creating new wills, establishing health care directives, and ensuring your financial legacy is distributed according to your wishes.

Gray divorce does not have to involve a lengthy courtroom battle. Many older couples prefer private, low-conflict resolutions, especially when privacy, health, or family dynamics are sensitive. Mediation and collaborative divorce can offer efficient, less adversarial alternatives to litigation.

In mediation, a neutral third party helps both spouses reach mutually acceptable agreements. In collaborative divorce, each spouse retains their own attorney but agrees in writing to resolve disputes outside of court. These options can be more respectful and cost-effective than traditional litigation.

Our attorneys regularly assist with both mediated and litigated gray divorces and will help you choose the right process based on your needs and relationship dynamics.

Divorce later in life is not just a legal event; it is a financial turning point. Whether you are preparing for retirement, trying to secure your independence, or reassessing your long-term goals, the outcome of your divorce will shape your future.

We assist clients in:

• Building post-divorce budgets
• Understanding how divorce affects credit and debt
• Evaluating mortgage and housing options
• Addressing spousal support enforcement or modification
• Safeguarding retirement benefits and investment income

Our attorneys combine strong legal advocacy with practical financial insight. We work closely with financial planners, CPAs, and valuation experts when needed to make sure your financial strategy is solid.

If you are over 50 and considering divorce in Orlando or surrounding areas, you deserve representation that understands the stakes. Adams, Luka, & Benton P.A. has helped countless individuals navigate the complex realities of gray divorce with dignity and confidence.

We encourage you to schedule a confidential consultation with one of our family law attorneys. Whether your priorities include securing retirement income, protecting your health coverage, or finding a peaceful resolution, we are here to help you build your next chapter with strength and clarity.

Call us today to learn how we can assist with your divorce over age 50. The decisions you make today will shape the rest of your life. Let our experience guide you through it.