Divorcing After 65? You’re Not Alone—and Here’s Why

Gray Divorce Is Booming—But Not Where You Think
For decades, divorce was considered the domain of the young and restless. But recent research from Bowling Green State University reveals a surprising twist: older Americans are divorcing at higher rates than ever before—and they're changing the face of family law as we know it.
This “gray divorce” phenomenon refers to divorces among people aged 50 and older. In 1990, just 8% of divorcing adults were in this age group. Fast forward to 2019, and that number has skyrocketed to 36%. In fact, nearly 1 in 10 people getting divorced in the U.S. today is 65 or older.
So what’s behind this trend, and what does it mean for families and the future of marriage?

A Half Century of Change
According to sociologists Susan L. Brown and I-Fen Lin, the rise in gray divorce didn’t happen overnight. From 1970 to 1990, the divorce rate among older adults crept up only slightly. But between 1990 and 2010, it doubled. Since then, it has plateaued for the middle-aged (50–64), but continues to rise steadily among those 65 and older.

This upward trajectory reflects two things: a growing population of older married adults and shifting attitudes about what marriage should be. In short, Americans are living longer—and they’re less willing to stay in unhappy relationships.

Why Older Adults Are DivorcingThe study points to several major social shifts driving this trend:

• Changing definitions of marital success: Personal fulfillment and happiness are now central to how people evaluate relationships.
• More second (and third) marriages: Remarriages are generally less stable than first marriages.
• Economic independence: Especially among women, financial autonomy makes leaving an unsatisfying marriage more feasible.
• Longer life expectancy: People simply have more years of marriage ahead—and more time to consider alternatives.

Boomers vs. Gen X:
A Generational ShiftInterestingly, the rise in gray divorce appears to be a Boomer-specific trend. Baby Boomers, who were in their 50s and early 60s in 2010, have always had higher divorce rates than other generations. Now that they’ve aged into the 65+ bracket, divorce is surging in that group too.

In contrast, Gen Xers—who are now replacing Boomers in the 50–64 range—have had fewer divorces throughout their adult lives. As a result, the gray divorce rate for middle-aged adults is flattening, and may even decline in coming years.

Who’s Most at Risk?
The 2019 data shows that certain factors increase the likelihood of divorce after age 50:

• Remarriage: Divorce rates are almost twice as high for those in second or later marriages.
• Shorter marriage duration: The shorter the marriage, the higher the risk of divorce.
• Race and ethnicity: Black adults face the highest gray divorce rates; Asians the lowest.
• Lower education and income: People with lower socioeconomic status are more likely to experience gray divorce.
• Unemployment: Being unemployed significantly increases divorce risk.

What This Means for Families—and the Law
Gray divorce brings a unique set of challenges. Divorcing later in life often means dividing retirement accounts, selling a long-time family home, or even dealing with adult children who have emotional or financial ties to their parents’ relationship.

From a legal standpoint, gray divorce cases tend to be more about asset division and spousal maintenance than child custody. For attorneys, mediators, and financial advisors, the needs of older clients are complex—and growing.

The Takeaway
​Gray divorce is reshaping the landscape of marriage and divorce in America. While it may slow down as Gen X replaces the Boomers in midlife, one thing is clear: divorce is no longer just for the young. As more older adults seek freedom and fulfillment in their later years, family law must evolve to meet them where they are.