The Rise of "Silver Separators"

In recent years, there has been a marked shift in the age of divorcing couples. Whilst the overall divorce rate has fallen, and the majority of millennials  are choosing to cohabit rather than marry, the number of individuals aged 60 and above getting a divorce is steadily rising. Some scholars argue that this shift reflects the changing social attitudes towards divorce, as well as a growing emphasis on personal fulfillment and well-being, particularly in later life.

The term “silver separators” typically refers to older couples, who have often been in long-lasting relationships. Typically, these divorces  involve couples who have spent decades together, raised families, and built a life together. As such, a divorce in later life can be  emotionally and financially complex, and the considerations involved tend to differ significantly from those facing younger couples.

What is driving the rise in later-life divorces?

Arguably, there are several factors that may be attributed to the increasing number of older couples choosing to separate:

• Empty nest syndrome – This refers to the stage in a relationship where children move out of the family home. Unsurprisingly, this is often a major catalyst in older-couples divorcing as, for many, their children are the cornerstone of their relationship. Thus, when the primary focus of their relationship has flown the nest, it then highlights issues in the relationship which may have previously been overlooked, and couples are forced to confront how much they have grown apart.
• Longer life expectancy – Some argue that as people are living longer, often with decades ahead of them after retirement, many individuals are reconsidering whether they want to spend the next 20-30 years in an unhappy relationship.
• Increased financial independence – Nowadays, many women enjoy greater financial autonomy, often earning as much as or even more than their spouses. This greater financial equality provides a greater sense of freedom and means that older women are increasingly able to support themselves independently.
• The reduced stigma around divorce

Unsurprisingly, “silver divorces” present many unique challenges, particularly with regards to financial arrangements. Unlike younger couples, who have more working years ahead of them and a greater ability to rebuild wealth, older couples may have limited earning capacity and are often more reliant on existing assets and pensions to support their retirement. Crucially, they are more likely to have accumulated significant joint assets and have limited opportunities to earn new income. As such, pensions become vitally important and can often be the largest asset in the marriage. Therefore, there will be an increased reliance on pensions and pension sharing to fund retirement.

These considerations require careful handling by family lawyers to ensure stability for their clients in later life. Furthermore, whilst court proceedings remain an option, many couples may prefer to explore non court dispute resolution methods as they may be less adversarial, more cost effective and ultimately better suited to preserving the family relationships.

Ultimately, the ending of any relationship is rarely easy and for many, the decision to separate after decades together is not taken lightly.  For older couples, it involves not only the emotional process of untangling decades of shared life, but also the practical challenge of starting over in later life.

Many argue that the rise of “silver separators” reflects the evolving views on marriage, shifting gender roles, and a growing desire to prioritise happiness in later life.

If you are considering getting a divorce later in life, or would like to further understand your options, please contact Clarkson Wright & Jakes Solicitors to speak to one of our incredibly experienced family lawyers who will guide you through the process.