Silver Separators - Divorce in the over 60's by Alberta Tevie - The Law House Family Law Solicitors, London & Peterborough


Silver Separators – Divorce in the over 60’s by Alberta Tevie

By in All Blogs, Family Law Category on September 23rd, 2013

There has been a lot of publicity about the increase in the over 60’s divorce rate; the so-called ‘silver separators’ (I should imagine there are large numbers of people howling in protest at being described in that way).  All the publicity points out this bucks the national trend of the decrease in the number of divorces in this age group.

The reasons for the increase in divorce between the over 60s are many and varied, including:

  • People are living longer and healthier lives and as people live longer, their attitudes and needs change. People no longer feel compelled to stay together in old age.
  •  As it becomes more common to be divorced, the stigma attached has been lost.
  •  Women are more financially independent and are now more able to support themselves outside of marriage than in the past.
  •  The so called ’empty nest syndrome’, when their children go to university or move out; issues between a couple  which may have been hidden by their continued responsibilities to their offspring come to the fore.

The main asset will normally be your home.  In divorce for the over 60s, this property is often mortgage free. However, with the increase in property prices it can still be difficult for both of you to adequately re-house after the sale of the matrimonial home. Obtaining a mortgage over the age of 60 will be difficult particularly where there is no income from employment. The pension is also a significant issue when older people separate. There are various options when it comes to pensions.

For the over 60s the marriage is likely to be a lengthy one. There will be no difference between the financial contribution of the breadwinner and the homemaker. A 50/50 clean break division of assets (including pensions) is increasingly common.

The decision to divorce is a very difficult one to make irrespective of age as you can be more isolated in a bad marriage than if you go it alone and enjoy a fuller life. The important thing is to ensure you give careful consideration to all the consequences both financial and emotional.

If you are thinking about divorce but you are worried about your future then you need to speak to a divorce lawyer to seek specialist legal and financial advice so you are aware of all your options. Please contact me Alberta Tevie on 020 8956 2655 or e-mail Silvana Bedford at sbedford@thelawhouse.com