The Rise of Grey Divorce – Key Considerations for Older Couples
The term “grey divorce” is in reference to couples ending long-term (18+ years) marriages after age 50. These types of divorces have surged dramatically in recent years. In the U.S., divorces among individuals 50+ increased from only 8% in 1990 to nearly 40% by 2019. The recent data indicate the “grey divorce” is on the rise due to empty nest transitions, increased life expectancy and shifting personal priorities, greater financial independence, and the reduced stigma around divorce later in life.
Washington State is a community property state, meaning all assets and debts accumulated during the marriage are typically split equitably – not necessarily equally. RCW 26.16.030 Long-term marriages (18+ years) may involve retirement accounts (IRAs, 401(k)s, pensions, social security benefits), real estate, investments, businesses, and large amounts of personal property. These assets and debts require careful valuation and division. Under RCW 26.09.080, the Court weighs factors including length of marriage, each spouse’s economic situation, and future needs.
Unfortunately, a grey divorce can devastate retirement plans. Living expenses may double due to separate households. One spouse may delay retirement or accept lower paying work. The people that chose to stay out of the workforce to raise their families or support the household in other ways may face reduced opportunities. A severe consequence is often faced by women who see their standard of living decrease by nearly 45% compared a 20% decline for men. Many older individuals rely on a spouse’s employment-based insurance. After divorce, securing individual coverage – especially before Medicare eligibility – can be costly and complex. In Washington, Courts analyze the need for spousal maintenance under the factors listed in RCW 26.09.090. The Court is looking at the length of marriage, the ages and health of each spouse, each party’s financial resources and earning potential and the time needed for a spouse to gain financial independence.
Grey divorce doesn’t just end a marriage – it is likely going to reshape the financial, legal, and emotional architecture of your retirement years. Here in Washington, with the community property laws and no-fault framework, the stakes can be high for individuals navigating this transition. Being informed, proactive, and supported is your best strategy toward financial security and emotional well-being.
If you find yourself navigating a “grey divorce” here are 6 Tips:
- Seek experienced legal and financial guidance early.
- Create an inventory of all assets, debts, and insurance policies.
- Evaluate long-term costs of keeping your real property.
- Assess health insurance options post-divorce.
- Update all estate and financial planning documents promptly.
- Engage in mediation to reduce conflict from the start.
Author’s Note: This blog post is not intended to be a comprehensive analysis. The purpose of this article is to outline the general process and express the key considerations in a grey divorce action. The reader interested in learning more should contact an attorney.
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