As Naperville divorce attorneys, we have seen a growing number of couples over the age of 50 deciding to end their marriages. This trend, often referred to as “grey divorce,” presents legal and financial issues that differ greatly from divorces among younger couples. Ending a marriage later in life can affect retirement savings, health insurance, property division, and family relationships in ways that require thoughtful planning and skilled legal guidance. When couples who have built decades of financial and personal history together decide to divorce, the consequences can be especially significant. Our goal in this article is to explain the unique issues that older adults face when divorcing under Illinois law and how we, as attorneys, help clients protect their futures.
In Illinois, property is divided under the principle of equitable distribution, which means assets are divided fairly, though not always equally, between spouses. Under 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act, marital property includes nearly all assets and debts acquired during the marriage, regardless of whose name is on the title or account.
For older couples, the division of property often involves retirement accounts, pensions, life insurance policies, and real estate accumulated over many years. A significant concern is how to divide retirement savings without incurring unnecessary tax penalties. Qualified Domestic Relations Orders (QDROs) are frequently used to divide 401(k)s, pensions, and similar accounts while preserving tax benefits. Because many couples over 50 are closer to retirement, the stakes are higher. Losing a portion of retirement savings can alter a person’s standard of living for the rest of their life.
We emphasize to our clients the importance of fully disclosing all retirement assets and understanding the long-term consequences of dividing them. Illinois courts carefully weigh the economic circumstances of each spouse, including future earning capacity, when deciding how property should be distributed.
Spousal maintenance, often called alimony, plays a crucial role in grey divorce cases. Under 750 ILCS 5/504, the court considers several factors when determining whether maintenance is appropriate, including the duration of the marriage, the age and health of each spouse, and their future financial prospects.
For couples divorcing after decades of marriage, it is common for one spouse to have been financially dependent on the other. A spouse who stayed home to raise children or support the other’s career may have limited earning potential later in life. Courts often award maintenance in these circumstances, and in long-term marriages, maintenance may even be ordered on a permanent basis.
We work closely with clients to ensure that maintenance awards are fair and realistic, particularly when retirement income and Social Security benefits are central to a person’s financial security.
Health insurance is often a critical issue for couples divorcing later in life. A spouse who has long relied on coverage through the other’s employer-sponsored plan may suddenly find themselves without affordable insurance options. Medicare eligibility typically begins at age 65, which leaves many divorcing spouses in their 50s or early 60s in a difficult position.
Illinois courts cannot order a private employer to continue coverage for a non-employee spouse. However, federal COBRA law may allow a spouse to continue on their former spouse’s plan for up to 36 months, though at their own cost. For older adults, planning for healthcare coverage is essential, and divorce settlements often account for these expenses when determining property division and spousal support.
Although couples over 50 are less likely to have minor children, many grey divorces still involve parental responsibilities. Illinois recognizes the harm of parental alienation under 750 ILCS 5/602.7, which requires courts to allocate parenting time and decision-making authority based on the child’s best interests. Allegations of one parent attempting to damage a child’s relationship with the other can influence custody determinations.
Even in cases involving adult children, family relationships can be strained. Divorce can affect inheritance planning, financial support, and family traditions. We advise clients to consider estate planning updates after divorce, including revisions to wills, trusts, and beneficiary designations.
Another major issue in grey divorce involves Social Security benefits. Federal law allows a divorced spouse to claim benefits based on their former spouse’s work history if the marriage lasted at least 10 years. This can be a valuable resource for individuals who did not work outside the home or who earned less during the marriage.
While Illinois courts do not have the power to divide Social Security benefits directly, they take them into account when evaluating overall financial circumstances. We often advise clients to review how divorce will impact their Social Security entitlements and retirement planning as part of their settlement negotiations.
Divorce does not automatically update estate planning documents. After a divorce is finalized, it is vital to revisit wills, trusts, powers of attorney, and insurance beneficiary designations. Illinois law under 755 ILCS 5/4-7 automatically revokes provisions in a will in favor of a former spouse, but other documents, such as retirement accounts or life insurance policies, may still list an ex-spouse as the beneficiary unless updated.
We stress the importance of a complete review of estate planning documents to ensure that assets are directed according to the client’s wishes after divorce.
Grey divorce often involves more complex financial issues, such as dividing retirement accounts, pensions, and long-term investments. Health insurance and spousal maintenance also take on greater importance since future earning potential is often limited.
Illinois law applies the same equitable distribution principles regardless of age, but courts do consider each spouse’s future financial needs. For older adults, this often means greater attention is given to retirement accounts, healthcare costs, and the ability to maintain financial independence.
Yes. Under 750 ILCS 5/504, maintenance is frequently awarded in long-term marriages, especially when one spouse has limited earning potential. In some cases, permanent or indefinite maintenance may be appropriate.
If one spouse relied on the other’s employer-sponsored health insurance, they may qualify for COBRA coverage for up to 36 months, but they must pay the full premium. It is important to factor future healthcare costs into the divorce settlement.
If the marriage lasted at least 10 years, a divorced spouse may be entitled to benefits based on their former spouse’s work history. This can provide additional financial stability in retirement.
While grey divorces often involve adult children, cases with minor children still require courts to follow 750 ILCS 5/602.7, which emphasizes the child’s best interests. Allegations of parental alienation can significantly affect custody and parenting time orders.
Yes. Divorce does not automatically change all estate planning documents. Beneficiary designations on life insurance policies, retirement accounts, and trusts should be reviewed immediately after divorce to reflect new intentions.
Mediation can be especially helpful in grey divorce, as it allows couples to work collaboratively to resolve financial issues and maintain family harmony. However, mediation still requires each spouse to understand their legal rights under Illinois law.
Even if there is an agreement, the court must still review and approve the settlement. We encourage clients to have an attorney review any agreement to ensure it complies with Illinois law and protects their long-term interests.
Yes. While custody is not an issue with adult children, divorce can strain relationships, affect family traditions, and alter financial planning. Many clients choose to update wills and trusts to ensure clarity and avoid conflict.
At Keller Legal Services, we understand the unique challenges of divorcing later in life. Our attorneys have decades of experience helping couples in Naperville and throughout Chicago protect their assets, secure fair settlements, and prepare for the future. If you are considering divorce after age 50, you deserve legal representation that is committed to protecting your financial security and your family’s well-being.
If you are considering divorce or suspect your spouse is concealing assets, contact our Naperville divorce lawyer at Keller Legal Services by calling 630-505-1515 to receive your free consultation.
