The Rise of Gray Divorce in Florida

In recent years, Florida has seen a rise in gray divorces, a term referring to couples who divorce later in life, typically after age 50. While divorce can be challenging at any age, ending a long-term marriage brings unique emotional, financial, and legal concerns that older couples must carefully consider.

Understanding these challenges is essential when contemplating a late-in-life separation. If you’re considering divorce after a long-term marriage, speak with a knowledgeable Port St. Lucie family law attorney to ensure your rights and future are secure.

Gray Divorce by the Numbers

According to a recent report, the divorce rate for adults 50 and older has roughly doubled since the 1990s. For those 65 and older, the rate has tripled. Many older adults in Florida’s Treasure Coast communities are facing divorce after decades of marriage, often after children have grown and careers have wound down.

Under Florida law, a union lasting 17 years or more is considered a long-term marriage. This distinction matters because it can influence alimony awards and other aspects of divorce. For example, in a long-term marriage, courts may award more alimony, particularly if one spouse has been financially dependent for much of the relationship. In contrast, shorter marriages may result in more limited support durations.

Unlike younger couples who are often focused on child custody or career-building, older divorcing couples tend to be more concerned with issues such as:

• Retirement funds. Dividing pensions, 401(k)s, and Social Security benefits can be complex. Missteps can result in significant financial loss or tax penalties.
• Health insurance. If one spouse was covered under the other’s employer-sponsored plan, divorce could mean losing access to affordable coverage at a vulnerable age.
• Real estate. Long-time marital homes can be difficult to divide. Emotional attachment, current equity, and the cost of maintaining the property all factor in.
• Estate planning. Wills, trusts, powers of attorney, and beneficiary designations may all need to be reviewed and revised post-divorce.

When ending a marriage after 20, 30, or even 40 years together, the legal and financial entanglements are often deeply rooted.

Moving Forward with Confidence

Working with an experienced Port St. Lucie family law attorney is essential to ensure a fair and thorough resolution. An attorney can help identify potential pitfalls, advocate for appropriate support arrangements, and guide the division of complex assets.

Also, older adults may be especially vulnerable to the stress and emotional toll of divorce. An attorney can offer calm, objective support and ensure legal documents and negotiations reflect long-term well-being, not just short-term relief.

While gray divorce is never easy, it can offer a path toward personal growth and independence. When considering divorce later in life, legal support is vital. A skilled legal expert can help protect your financial future, navigate Florida’s legal system, and support you in building a strong next chapter.

Should you talk to a lawyer as you weigh the pros and cons of exiting a long-term marriage? Having a conversation with the experienced attorneys at Baginski, Brandt & Brandt is key if you are leaving a marriage that has lasted decades. Contact us today to schedule a confidential consultation.