As Chicago divorce attorneys, we have witnessed a steady increase in what is often called “gray divorce,” which is the divorce of couples over the age of 50. These cases are becoming more common throughout Illinois as longer life expectancies, changing personal goals, and financial independence reshape the dynamics of long-term marriages. Ending a marriage later in life can bring emotional and legal complexities that differ significantly from divorces involving younger couples. Property division, retirement accounts, health insurance, and spousal maintenance become central issues that must be handled with precision and care.
For many older couples, divorce represents not only the end of a relationship but also a major financial and lifestyle transition. Illinois law applies the same legal framework to all divorces, but gray divorce often requires greater attention to long-term planning. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101), courts aim for equitable—not necessarily equal—distribution of marital property. This standard can have unique implications for spouses who have spent decades building assets together.
Understanding Why Gray Divorce Is Increasing
There are several reasons older couples in Illinois are choosing to separate. Many have been “empty nesters” for years and now face the realization that their shared responsibilities no longer hold the marriage together. In other cases, financial independence—particularly for women who are now more established in their careers—makes divorce a more viable option. Others experience differences in lifestyle preferences, health priorities, or emotional fulfillment as they enter retirement.
The Pew Research Center reports that the divorce rate for adults over 50 has roughly doubled in the past three decades. This trend is evident in Illinois, where many older adults find that separation later in life can lead to greater personal freedom, provided the process is handled with sound legal guidance.
Division Of Marital Property And Retirement Accounts
One of the most significant legal challenges in gray divorce involves dividing assets accumulated over a long marriage. Illinois law presumes, under 750 ILCS 5/503, that all assets acquired during the marriage, regardless of title is marital property. Despite the legal presumption, not all assets acquired during marriage will be marital assets. This includes homes, investment accounts, pensions, and retirement savings.
For many older couples, retirement funds represent the largest marital asset. These accounts must often be divided using a Qualified Domestic Relations Order (QDRO). This specialized legal document instructs plan administrators to divide the account according to the court’s order without triggering taxes or penalties. The complexity of dividing pensions, 401(k)s, and IRAs makes professional legal and financial advice essential.
Spousal Maintenance And Financial Security
Under 750 ILCS 5/504, Illinois courts can award spousal maintenance (alimony) based on factors such as the length of the marriage, the standard of living during the marriage, each party’s income and earning potential, and age or health. In long-term marriages, maintenance awards are often significant, particularly when one spouse spent years supporting the household or raising children while the other built a career.
For older adults nearing or in retirement, the question of ongoing support becomes more complex. Courts must consider fixed incomes, Social Security benefits, and the division of retirement accounts. Negotiating a fair settlement that accounts for future living expenses, healthcare, and inflation is critical in these cases.
Healthcare And Insurance Considerations
Health insurance can become a pressing issue in gray divorce. Spouses who relied on a partner’s employer-sponsored insurance may lose that coverage once the divorce is finalized. While COBRA continuation coverage may be available temporarily, it is often expensive. Attorneys handling gray divorce cases often work closely with financial advisors to help clients evaluate Medicare eligibility, supplemental plans, and long-term care options.
Estate Planning After Divorce
Divorce later in life also requires updating estate plans. Under 755 ILCS 5/2-1, inheritance rights change once a marriage is dissolved. Wills, trusts, and beneficiary designations should be reviewed during or immediately after divorce to ensure that assets pass according to new wishes. Many older adults also establish or modify powers of attorney and healthcare directives to reflect their new circumstances.
Frequently Asked Questions About Gray Divorce In Illinois
What Makes Gray Divorce Different From Other Divorces?
Gray divorces typically involve longer marriages, substantial assets, and retirement considerations. Unlike younger couples, spouses in these cases must think about fixed incomes, long-term healthcare, and estate planning rather than child custody or future earning capacity.
How Are Retirement Accounts Divided In Illinois?
Under 750 ILCS 5/503(b)(2), retirement accounts earned during the marriage are considered marital property. They can be divided using a Qualified Domestic Relations Order (QDRO), ensuring that each party receives their lawful share without tax penalties.
Can A Spouse Still Receive Maintenance After Retirement?
Yes. Illinois courts may award maintenance even when one or both spouses are retired. The amount and duration depend on income, assets, and the couple’s lifestyle during the marriage. Courts also consider whether either spouse is eligible for Social Security or pension benefits.
Does A Long Marriage Affect Property Division?
In long-term marriages, courts often award a more balanced division of marital assets, especially when one spouse was financially dependent. However, Illinois follows an “equitable distribution” model, meaning the court seeks fairness based on individual circumstances rather than a strict 50/50 split.
How Does Divorce Affect Social Security Benefits?
A divorced spouse may still qualify for Social Security benefits based on an ex-spouse’s record if the marriage lasted at least ten years and certain conditions are met. This benefit does not reduce the other spouse’s entitlement.
Can Health Insurance Be Continued After Divorce?
In most cases, coverage under a spouse’s employer plan ends after divorce. COBRA coverage can extend benefits for up to 36 months, but it is often costly. Older adults should explore Medicare or private coverage options as part of their financial planning.
Are Prenuptial Or Postnuptial Agreements Enforceable In Illinois?
Yes. Under 750 ILCS 10/4, prenuptial and postnuptial agreements are enforceable if entered into voluntarily and with full disclosure. These agreements can help protect assets and clarify financial responsibilities in the event of divorce.
Should Estate Plans Be Updated After A Gray Divorce?
Absolutely. Divorce alters inheritance rights and beneficiary designations. Revising wills, trusts, and powers of attorney ensures that assets are distributed according to new preferences and that trusted individuals are appointed for decision-making roles.
Protecting Financial Stability In A Gray Divorce
Michael C. Craven understands the sensitivity and complexity of gray divorce cases. Each decision made during this process has long-term consequences—financially, emotionally, and legally. Our attorneys work closely with clients to safeguard assets, plan for retirement security, and ensure fair settlements that reflect decades of contributions to the marriage.
Those considering a divorce later in life should seek knowledgeable legal guidance early in the process. Contact your Chicago divorce attorney today by calling Michael Craven at (312) 621-5234 to schedule a free consultation. My firm serves clients throughout Chicago, Illinois, providing trusted legal representation grounded in experience, compassion, and precision.
