Grey divorce: Why later-life separations are increasing and what it means legally

Grey divorce: Why later-life separations are increasing and what it means legally

In recent years, grey divorce or silver divorce is becoming increasingly common in the UK. 

Although divorce rates in younger age groups have declined, later-life separations continue to rise because of a combination of evolving social attitudes, longer life expectancy and growing financial independence among individuals approaching or in retirement.

The trend has been intensifying across many countries, including the UK, where older adults now account for a significant share of divorce applications. 

In 1990, couples over 50 accounted for less than 10% of all divorces. Today that figure has risen to around 36%. For those over 65, the numbers are even more pronounced with a rise of almost 40% over the last two decades.

Johanna Brewer, head of Family Law at Wake Smith Solicitors looks at the issue.

This article covers:

• What is grey divorce?
• Why is grey divorce on the rise?
• The legal complexities unique to grey divorce
• The emotional considerations involved in grey divorce
• How can we help you?

What is grey divorce?

Grey divorce refers to the dissolution of long-term marriages later in life, usually for couples over the age of 50.  These separations often involve couples who have been married for decades and, as such, have built up substantial shared financial assets alongside their family. 

Why is ‘grey divorce’ on the rise?

A combination of social, economic and personal factors are believed to be behind the increase in later-life separations.

Longer life expectancy means people are more prepared to take the decision to separate.  With more years ahead of them, people are unwilling to remain in unfulfilling marriages during their final years.  This is linked to the so-called ‘empty nest syndrome’.  When children leave home, longstanding relationship issues can come into sharper focus.

There has also been a change in attitudes to divorce.  It carries far less stigma than it did for previous generations.  This makes separation a more viable option for older couples.

From an economic perspective, more women now work and therefore have financial resources of their own.  This reduces the historic financial dependence felt by previous generations.

The legal complexities unique to grey divorce

These can be far more complex than those in divorces earlier in life.  They include:

Asset division

In a grey divorce, couples are likely to have amassed substantial assets including the family home, investments, savings and pensions. 

The Family Court in England and Wales always aims for a fair financial settlement, taking into account the duration of the marriage, contributions (financial and non-financial) of each spouse, both party’s future income needs and earning capacity and their standard of living during the marriage.  As such, the split is less likely to simply be equal.  The court’s focus will be on fairness which may lead to unequal divisions justified by differing needs and circumstances.

Pensions

A major legal challenge in divorces later in life is the treatment of pensions which next to the family home are often the most valuable marital asset. 

Negotiating pension division requires specialist pension valuation and legal expertise.  Common legal mechanisms include Pension Sharing Orders or offsetting. Both routes require very specific expertise and a great deal of care, given that without reaching a clear settlement, either spouse could well end up facing financial insecurity in retirement.

Spousal maintenance

In grey divorce cases, spousal maintenance (the ongoing payments paid by one spouse to the other) may be appropriate if one spouse has limited income and earning potential because, for example, they left employment earlier in the marriage to raise children. However, the law increasingly encourages ‘clean break’ settlements. 

In a clean break, the financial ties are severed at the time of divorce unless exceptional circumstances justify ongoing support. Clean breaks do offer certainty but must be carefully structured to ensure both parties can manage financially without ongoing litigation.

Tax and timing considerations

Separations later in life can trigger tax implications that many older couples overlook. For example, Capital Gains Tax (CGT) may apply to asset transfers once spouses live separately for over one tax year.  The timing of transfers of property and investments is also important, and valuations must be managed to help minimise tax liabilities.

These issues can be best tackled by taking advice from both family lawyers and financial and tax planning experts.

Estate planning and inheritance concerns

Grey divorce will change long-term estate planning. Dividing assets may diminish inheritances intended for children or other beneficiaries. If inheritances could be significant, it is best to speak to a Wills and Estates lawyer. They can advise on how best to update Wills or look at other financial or inheritance vehicles to mitigate any risk of tax penalties or lost benefits down the line.

The emotional considerations involved in grey divorce

Although the legal process focuses on financial and procedural matters, later-life divorce also involves certain emotional and familial challenges.

Adult children may experience stress or disrupted family dynamics despite the fact they are otherwise independent.  Meanwhile, those divorcing could well be worried about loneliness, identity and social expectations in addition to worrying about the legal process.

Family lawyers must therefore collaborate closely with clients on not just what the law says, but how to navigate the process as comfortably as possible.

How can we help you?

At every stage of a grey divorce, you will need specialist family law support. 

A family lawyer will make sure you understand your rights and options under UK divorce law including the implications of the Divorce, Dissolution and Separation Act 2020 and the no-fault divorce framework that is now in place. 

A family lawyer will also help you with the division of the complex assets involved in a later-life divorce, for example with pensions, property and business interests. If your situation permits, they can also suggest alternative dispute resolution options so you can avoid the stresses of having to go through court and ultimately achieve a more amicable settlement.

Our experienced family law team advises clients nationally on all aspects of divorce, offering practical, clear but sensitive guidance tailored to your individual circumstances.

If you would like to arrange a confidential initial consultation with one of our team, please contact us today on 0114 266 6660 or email [email protected]

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Published 28/01/2026