Divorce Later in Life
Divorce or separation can happen at any stage in life. It is not just something younger couples face. In fact, divorces among older couples, often called gray divorces, are steadily increasing.
Why? The reasons vary. For some, priorities shift toward personal growth rather than working on the relationship. People are living longer and are less willing to stay in an unhappy marriage. The “empty nest” can leave couples feeling distant once children are grown. Retirement can bring new realities, from spending more time together than expected to disagreements over finances. Whatever the cause, without thoughtful preparation, the process can quickly become more complicated.
Important Considerations in a Gray Divorce
Alimony or Spousal Support
Support can play a larger role later in life. You may have been out of the workforce for years and do not have current skills or training. You may have planned to rely on your spouse’s income or benefits as you slow down and enjoy retirement. Whether you are the higher earner or the one seeking support, it is important to understand there is no guarantee of alimony. Factors such as retirement status, ability to pay, and demonstrated need all come into play.
Social Security
In some cases, you may be entitled to benefits based on your spouse’s earnings record. Eligibility depends on the length of your marriage, whether you remarry, your age, and how long you have been divorced. If your ex-spouse’s record provides a higher benefit, it may increase what you can receive.
Equitable Division of Assets
Older couples often have more complex estates that may include cash or investment accounts, multiple properties, retirement funds, vehicles, or even ownership in a family business. It is crucial to obtain accurate valuations so assets can be divided fairly, and tax consequences can be minimized. We partner with trusted financial professionals to help ensure you walk away with a clear and equitable share of what is rightfully yours.
Health and Life Insurance
If you rely on your spouse for health insurance, Nebraska law offers options, but timing matters. For example, strict deadlines apply if you intend to elect COBRA coverage. In some cases, you may qualify for continued coverage beyond what you expect.
With life insurance, policies with cash value should be carefully reviewed, and beneficiaries should be updated so your benefits pass to the right people after divorce. In certain situations, maintaining a policy with you as the irrevocable beneficiary may also provide needed protection.
Changing Family Dynamics
While custody disputes are not usually part of gray divorce, adult children can still be deeply affected. They may feel pressured to take sides or struggle emotionally with the change in family structure. Working with a skilled family therapist can ease the strain, and we often provide referrals to trusted professionals.
Moving Forward After 50
If you are considering divorce or separation after 50, know that you are not alone. Our attorneys in Omaha, Lincoln, and surrounding communities understand the unique challenges of gray divorce and are here to help. It is never too late for a new beginning.
Call McGill Law at 402-548-5418 or contact us online to schedule a consultation.
ABOUT THE AUTHOR
Theresa Loughran is a Partner, Mediator and Collaborative Divorce Attorney, serving clients in Nebraska and Iowa. Her practices focuses on mediation, divorce and collaborative family law. Theresa helps clients navigate complex family transitions with compassion and insight, focusing on solutions that protect families, reduce conflict, and promote respectful resolution at every stage.
Here are answers to common questions about gray divorce:
Frequently Asked Questions
What is a gray divorce in Nebraska and Iowa?
A gray divorce refers to divorce after age 50. In Nebraska and Iowa, these cases often involve dividing retirement assets, handling health insurance coverage, and planning for long-term financial security.
How are retirement accounts divided in a gray divorce?
Both states follow equitable distribution, meaning property is divided fairly—not always equally. Retirement accounts earned during the marriage are considered marital property and are divided based on income, length of marriage, and each spouse’s contributions.
Can I receive Social Security benefits from my ex-spouse?
You may qualify if your marriage lasted at least ten years, you are 62 or older, and you have not remarried. The Social Security Administration pays whichever benefit—yours or your former spouse’s—is higher.
Is alimony common in gray divorces?
Alimony can be more common later in life, particularly if one spouse has been out of the workforce. Courts consider financial need, ability to pay, age, health, and duration of marriage.
How can mediation help?
Mediation provides a cooperative, private, and cost-effective process for resolving issues like property division and support while reducing conflict and maintaining respect between spouses.