Divorce After 50: What You Need to Know

 Posted on March 25, 2025 in Divorce

Ending a marriage later in life comes with challenges that go beyond emotional stress. It can also reshape your finances, retirement plans, and overall well-being. After years or even decades of building a life together, separating finances, dividing assets, and planning for the future can feel overwhelming. A gray divorce often raises critical questions about retirement, healthcare, and long-term financial security. With legal guidance from an Illinois gray divorce lawyer, you can properly plan for a late-life divorce and protect your rights.

What Are the Unique Challenges of a Gray Divorce?

A gray divorce often involves issues that may not be as significant in a divorce between younger couples, including:

• Retirement savings and pensions: Dividing these funds can significantly impact both spouses’ financial futures.

• Spousal maintenance: One spouse may have been financially dependent on the other for decades, making this type of support a key issue.

• Health insurance and medical costs: Losing a spouse’s health coverage can be a major concern, especially before qualifying for Medicare.

• Estate planning changes: Wills, trusts, and beneficiary designations may need to be updated after a gray divorce.

How Are Retirement Accounts Divided in an Illinois Divorce?

In Illinois, retirement accounts are considered marital property if contributions were made to them during the marriage. Under the state’s equitable distribution laws, courts will divide marital assets fairly, though not necessarily equally. As a result, one spouse may be entitled to a portion of the other’s retirement savings, even if the account is only in one person’s name.

A Qualified Domestic Relations Order (QDRO) is often required to divide certain retirement accounts without tax penalties. An attorney can help ensure that these assets are handled correctly to protect your finances.

Will You Have to Pay or Receive Spousal Maintenance?

Spousal maintenance is a common issue in late-life divorce, especially if one spouse was a stay-at-home parent or earned significantly less than the other. In Illinois, courts consider many factors when determining spousal maintenance, including each spouse’s financial situation and earning capacity, the length of the marriage, the standard of living during the marriage, and the age and health of both spouses.

For long-term marriages, spousal maintenance may be awarded for an extended period or even permanently. Proper financial planning is essential for ensuring stability after divorce.

How Can You Protect Your Financial Future?

Financial security is one of the biggest concerns in a divorce for spouses who are older than 50. Without careful planning, a gray divorce can impact your long-term stability, including retirement savings and healthcare costs. Consider taking proactive steps, such as:

• Understanding what you own and owe before negotiating property division

• Working with a financial advisor to assess how divorce will impact your retirement plans

• Updating your estate plan to reflect your new circumstances

• Planning for healthcare costs, especially if you lose spousal health insurance

Contact a DuPage County, IL Gray Divorce Lawyer

Having the right legal guidance is crucial for protecting your future after a gray divorce. While a divorce after 50 presents unique financial and legal challenges, you do not have to navigate them alone. Contact a qualified Wheaton, IL divorce attorney at Divorce Over 50 - Goostree Law Group today at 630-634-5050 to discuss your options and create a plan for your next chapter of life.