How Does Gray Divorce Differ From Divorce Involving Younger Couples? 

 Posted on January 14, 2026 in Divorce Over 50

The term "gray divorce" refers to a divorce involving individuals over the age of 50. Many people are surprised to learn that divorce among older people is quite common. In fact, according to the Institute for Family Studies, the divorce rate for this demographic has risen more than for any other age range.

If you are planning to divorce in 2026 and you are over age 50, be sure to understand how gray divorce is different from younger divorce. Work with an experienced Yorkville divorce lawyer who understands these differences.

What Makes Gray Divorce Different From Divorce at a Younger Age?

There are several ways gray divorce differs from divorce for a younger couple. Some of them are easy to understand, and some may be more surprising. It is important to bear them in mind as you consider how you want to go about divorce when you’re over 50.

Older Couples Often Have Greater Wealth

Couples in their 50s or older often have many more assets than younger couples. Instead of a rental and a second-hand car, an older couple may have a main home, other homes and properties, significant investments, jewelry, other valuable possessions, retirement accounts, and more.

Division of assets in a gray divorce needs careful thought, and often an expert opinion, because the value of items may be hard to determine. Tax implications of asset division must be considered. Under Illinois law 750 ILCS 5/503, marital property is "divided equitably." This means that property is divided fairly, but not necessarily equally.

Custody and Child Support May Not Be an Issue, but Complicated Family Dynamics Might Be

An older couple's children are usually grown adults, so issues like child support and child custody are rarely a concern in a gray divorce. This does not mean that a divorce cannot upset the family dynamics, though. Grandchildren, adult children, and extended family members can all be affected by a gray divorce. Plan for how you will minimize possible tensions or interference with family relationships.

Spousal Support May Be Necessary

Another major difference between gray divorce and traditional divorce is the need for spousal support. "Spousal support" is when the court orders one ex-spouse to pay the other, the lower-earning one. If one spouse is disabled and cannot work, has been out of the workforce for a long time, or has limited job opportunities due to their age, they may not be able to financially support themselves after the divorce.

Spousal support may be ordered by the court to make sure that the spouse can continue to live comfortably and maintain their quality of life. When deciding on maintenance, the court will look at factors like marriage length, each spouse's income and property, and each spouse's needs.

One Spouse May Need to Delay Retirement

If one of the spouses was counting on their partner's income in retirement, they may need to delay their own retirement to be able to support themselves. Older divorcing spouses are encouraged to work with a financial professional to figure out how they can continue funding their retirement while also taking care of themselves after the divorce.

Mediation May Be More Important than in Young Divorce

Because gray divorce often involves larger and more complicated assets, mediation can be especially helpful for couples over 50. Divorce mediation is where a couple discusses issues like the division of assets and debts with the help of a neutral professional. An experienced mediator can help spouses with solutions for asset division, as well as other issues like spousal support or how to help the rest of the family adjust to the divorce.  

Spouses may save themselves the hassle of a court trial by working out divorce topics during mediation. At the very least, court proceedings will go more smoothly if a couple goes to them with solutions already in mind.

It is important to remember that a divorce mediator is not a replacement for an attorney, though some attorneys are also certified mediators. An experienced divorce lawyer will help you work with other professionals, such as appraisers or real estate agents, as well as be on the lookout for signs of financial deception or hidden assets. This is especially important in gray divorce cases where the financial stakes are often higher.

Call a DuPage County Gray Divorce Lawyer Today

If you are getting divorced and you are over age 50, make sure you understand the unique needs your divorce may have. Contact the skilled Kane County divorce attorneys at Divorce Over 50 - Goostree Law Group to get the legal help and support you need at 630-634-5050. Call today to get the help you need.