If you are considering divorce and want to understand your options clearly, call The Betz Law Firm.
Ending a marriage at any age is a significant decision. When you are 50 or older, the stakes often feel even higher. You may have more assets, a more shared history, and fewer years to recover from a financial misstep. The decisions you make during this process can shape the next chapter of your life in meaningful ways.
The Betz Law Firm is a locally owned family law firm in St. Louis. We work with clients across a range of divorce and family law situations, including those navigating the unique challenges of later-life divorce.
Why “Gray Divorce” Has Its Own Challenges
Divorce among adults 50 and older has grown significantly over the past two decades, even as overall divorce rates have declined. This trend is sometimes called “gray divorce,” and it reflects a real shift in how people think about life after midlife.
What makes these divorces different is not just age. It is the complexity that comes with decades of shared finances, property, and planning. A couple divorcing at 30 may have limited assets and few entanglements. A couple divorcing at 55 may have a family home, multiple retirement accounts, a business, an investment portfolio, and pension rights that need to be carefully evaluated and divided. Getting those details right matters more than most people expect.
Property and Asset Division Is Often More Complicated
Missouri is an equitable distribution state. That means marital property is divided fairly, though not always equally. After a long marriage, there is typically more marital property to divide, and its value is often harder to determine.
Common issues in later-life divorce include:
- Retirement accounts. A 401(k), IRA, or pension that has grown over 25 years of marriage may be one of the most valuable assets in the divorce. Dividing these accounts correctly often requires a Qualified Domestic Relations Order (QDRO), which is a legal document that must meet specific requirements to avoid tax penalties or delays. This is not a step to handle informally.
- The family home. Many couples in their 50s have significant equity in their home. Whether to sell, buy out the other spouse, or negotiate an arrangement tied to retirement takes careful thought. Carrying costs, tax implications, and future housing needs all factor in.
- Business interests. If one or both spouses have built or own a business, fairly valuing that business is a significant undertaking. It may require a professional valuation and careful negotiation.
- Deferred compensation and stock options. Depending on your career, unvested stock options or deferred compensation may be considered marital property, depending on when they were earned.
Spousal Support Is More Likely to Be a Factor
In shorter marriages, spousal support (sometimes called maintenance or alimony) is less commonly awarded. After a long marriage, particularly when one spouse reduced their career to raise children or support the other’s professional growth, spousal support may become a genuine part of the conversation.
Missouri courts consider factors such as the length of the marriage, each spouse’s financial resources, earning capacity, and contributions made during the marriage. At 55 or 60, a spouse who has been out of the workforce for years may face real challenges returning to full-time work – and courts may recognize that.
If spousal support is a concern in your situation, it is worth understanding how Missouri courts approach these decisions and what documentation may support or affect your position.
Retirement Planning Changes Significantly
One of the hardest parts of divorce after 50 is accepting that retirement may look different from what you planned. What felt like a secure retirement built for two now needs to sustain two separate lives.
A few things worth thinking through:
- Social Security benefits may be available based on a former spouse’s work record if the marriage lasted at least 10 years. Depending on your own work history, this could be meaningful.
- The retirement account division can affect the timeline for accessing funds. Understanding how a QDRO affects your planning is important before agreeing to any settlement terms.
- Health insurance is a real concern. If you were covered under a spouse’s employer plan, divorce ends that coverage. COBRA may provide a bridge, but it is expensive and time-limited. Medicare eligibility at 65 is still years away for many people in this situation.
These are not just legal questions. They are financial planning questions, and it helps to have guidance that recognizes both dimensions.
Speaking With a St. Louis Divorce Attorney
The Betz Law Firm is a locally owned family law firm in St. Louis. We work with clients across a range of divorce and family law situations, including those navigating the unique challenges that come with divorce later in life.
If you are considering divorce and want to understand your options clearly, we would be glad to talk with you.
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