Blog written by Sam Dickinson.

After years of marriage, making the decision to divorce is rarely taken lightly. For many couples in their 50s, 60s, or beyond is not a knee-jerk reaction but the result of years, sometimes decades of slow, quiet unhappiness. Having advised clients through later-life divorce, I’m aware that such is often an emotional crossroad. You reach this point not in anger, but in reflection, asking yourself: Is this how I want to spend the rest of my life?

The rise in later-life divorce, often referred to as the “Silver Splitter” trend or ‘Grey Divorce’, is no coincidence. Today, people are living longer, healthier lives, and expectations of marriage have shifted – marginally. Once, divorce carried stigma – particularly those who tied the knot pre-90s. But as society has evolved, perspectives change, and more people in long-term marriages are realising that staying together out of habit, rather than happiness, isn’t enough. Some grow apart. Others realise that, with children grown and financial independence secured, they no longer need to compromise their own fulfilment. With ONS data showing a 30% rise in divorces among the over-60s in the last decade, it’s clear that more couples are facing these difficult decisions.

But separating after decades together isn’t just about signing papers and moving on. Later-life divorce brings unique legal and financial challenges. Pension entitlements, inheritance concerns, spousal maintenance, and property division all require careful consideration. Unlike younger divorcees, there is less time to rebuild financial security, making our legal advice critical.

Divorce at any stage of life brings challenges, but for those parting ways after decades of marriage, the financial stakes are often much higher. From pensions and property to maintenance and inheritance, decisions made now will shape your future stability. So, what exactly does this mean for you?

Pensions: The Hidden Asset Often Overlooked

For many couples divorcing later in life, pensions are one of the most valuable assets – sometimes even exceeding the worth of the family home. Yet they are often overlooked or undervalued in settlements, leaving one party at a significant financial disadvantage.

In England and Wales, pension division options can include:

The Courts will consider pensions when dividing assets, especially later-life divorcees, as without provisions can lead to severe financial hardship, especially for those who spent years out of the workforce raising children. A properly structured pension settlement can mean the difference between financial independence and struggling in later life.

Spousal Maintenance: Is Ongoing Support Needed?

Unlike divorcees within a working age, silver splitters are likely to have limited earning potential, particularly if one spouse was financially dependent for many years. As such, the Courts will assess:

If one party cannot afford to buy out their spouse, a deferred sale agreement may be an option, delaying the sale until retirement or when the youngest dependent child leaves the home.

Inheritance & Estate Planning: Updating Wills & Protecting Assets

Divorce later in life has a significant impact on wills, trusts, and inheritance planning – yet many don’t consider that:

So, it goes without saying that a later-life divorce doesn’t just reshape your present, it also redefines your long-term financial legacy. Without a structured settlement that considers pensions, property, maintenance, and an updated estate plan, assets can become vulnerable to unintended claims, future marriages, or disputes amongst beneficiaries. I always recommend that your new will reflects your new circumstances, securing assets for children and grandchildren, and safeguarding business interests can prevent legal complications down the line.

Dividing matrimonial finances in a later-life divorce follows the same fundamental principles as any divorce, but the process can be more complex due to the stage of life and the accumulation of assets over many years. This is where the Courts are likely to consider ‘discretion’ in deciding who gets what. Discretion is granted under Section 25 of the Matrimonial Causes Act 1973 in making decisions over property, pensions, savings, and maintenance during divorce proceedings. These discretionary decisions are often assisted with past cases – what we call case law.

The main goal is still to achieve a fair and reasonable division, but special consideration must be given to factors like the length of the marriage, the age of the parties involved, and the need for financial security in retirement.

In general, the starting point for asset division is a 50/50 split. However, Courts will consider various factors, including:

Unlike younger divorcees who may have a long working life ahead, senior divorcees are likely to have fewer years to recover financially. This can result in more emphasis on securing a fair pension split and ensuring that one party is not left in a disadvantaged position once they retire. The Court will consider both capital assets (such as property) and income-generating assets (such as pensions and savings), and any liabilities, aiming to create a balance that works for both parties.

In cases where a 50/50 split is not possible, offsetting – where one spouse is given a larger portion of other assets in lieu of a pension share – may be considered. Alternatively, pension sharing orders can ensure that each spouse has a fair share of the any pensions accumulated during the marriage.

Ultimately, the approach to dividing finances in later-life divorce is rooted in preserving both parties’ financial security. The goal is to give each individual a fair opportunity to lead a comfortable life post-divorce, ensuring no one is left struggling as they navigate their next chapter.

Reaching the decision to end a marriage, especially after decades together, is never easy. For many later-life couples, divorce feels like the only path forward, but it’s not the only legal option. Depending on personal circumstances, judicial separation may provide an alternative route. Understanding the key differences between these two processes can help you make the right choice for your future.

Divorce: A Complete Legal Dissolution

Divorce is the formal, legal end of a marriage. Thanks to the no-fault divorce law introduced in 2022, couples no longer need to cite blame, only a statement that the marriage has irretrievably broken down. The process includes:

One of the most important aspects of later-life divorce is securing a financial settlement. While the emotional aspects of divorce are significant, financial stability in retirement is paramount. Without a clean break order, financial claims can remain indefinitely, even after the divorce is finalised.

Judicial Separation: An Alternative to Divorce

For those who don’t intend on remarrying following separation, or it might be that you cannot or do not wish to divorce, a judicial separation might be a suitable option. A judicial separation allows spouses to live separately with legal clarity on finances and property, while remaining married.

This option may be preferable for those who:

Although judicial separation allows for financial settlements similar to divorce, it does not provide a clean break – meaning financial ties between spouses will remain. If either party later decides to remarry, a full divorce would still be required.

Which path is right for you?

Choosing between divorce and judicial separation is deeply personal. For some, a fresh start is the priority; for others, preserving financial security while living separately is the best course of action. Whatever the decision, seeking legal advice early is critical. Our expert family solicitors are here to guide you every step of the way. We’ll understand your options, protect your assets, and ensure your financial future remains secure.

We are proud to offer expert family law services in Bournemouth, backed by our team’s extensive experience and accreditations. Our solicitors are recognised for their expertise in family and children law, and we are accredited by the Law Society’s Family Law Accreditation Scheme, and the Children Law Accreditation. This ensures that we provide the highest standard of legal care, whether you’re navigating divorce, child custody disputes, or any other family-related matters.

Our Bournemouth office is conveniently located to serve clients across the area:

Leonard Solicitors LLP
Victoria Chambers, 27 Fir Vale Road,
Bournemouth,
BN1 2JN

Tel: 01202149432

Contact us today to arrange a consultation with one of our expert family solicitors, who will provide personalised guidance and support tailored to your needs.

For residents of Southampton, Leonard Solicitors LLP offers dedicated family law services, providing expert legal advice on divorce, separation, child arrangements, and more. Our family solicitors are accredited in family and children law by the Law Society, ensuring that you receive the most trusted, professional legal supports. Our team is committed to delivering compassionate and practical solutions to help you navigate even the most complex family matters.

Our Southampton Office is conveniently located for clients throughout the region:

Leonard Solicitors LLP

62 The Avenue,
Southampton,
SO17 1XS

Tel: 02380 23 44 33

Get in touch with us today to speak to a qualified family solicitor who will guide you through your legal journey with care and expertise.

Please be aware that nothing in this article constitutes legal advice on which you should rely. This article is published for general information only and professional legal advice should always be sought before taking any action related to or relying on the content of this article. Our Terms apply to this article.