Grey Divorce: What You Need to Know About Divorcing After 60
This article is for general information only and does not constitute legal advice. Every situation is different. If you are considering divorce, you should seek independent legal advice tailored to your circumstances.
Grey divorce — the term used for couples separating later in life, typically after 50 or 60 — is no longer a rare occurrence. It has become one of the most significant shifts in family law practice over the past two decades. If you are in a long marriage and considering whether it has run its course, you are far from alone. More importantly, the legal and financial decisions you make now will shape the rest of your life. Getting them right matters.
The rise of grey divorce in England and Wales
The direction of travel is clear. Later-life divorce has grown from a small minority of cases in the early 1990s to a substantial share of all divorces today, commonly estimated at around a third. For those over 65, the numbers are even more pronounced. ONS analysis found the number of women aged 65 and over divorcing rose by 38% between 2005 and 2015, while divorces overall fell by 28%. Measured as a share of the married population, ONS notes the rate for this group has held broadly steady: the increase reflects more older people being married and living longer.
The rise of grey divorce runs counter to the general direction of UK divorce statistics. Divorce rates have fallen steadily since the early 1990s. The number of divorces granted dropped to 80,057 in 2022, the lowest figure since 1971, although that low was partly an artefact of the transition to no-fault divorce. Numbers recovered to 102,678 in 2023, the most recent full-year data in the ONS divorces and dissolutions bulletin. Even so, the underlying divorce rate continues to decline. In other words, divorce is becoming less common overall — but more common among older couples. That is a meaningful distinction.
Several factors drive this trend. Longer lifespans, changing societal attitudes, and greater financial independence for women all contribute. As people live longer, many couples reassess their relationships and decide whether they want to spend the rest of their lives together. With the state pension age rising to 67 and flexible working more widespread, many women in their 50s and 60s have 15 to 20 more working years ahead. The decision to leave a marriage at 52 is financially different from the same decision in 1985, when retirement was closer.
What makes divorce after 60 different
Divorce at any age involves legal process and financial reckoning. However, divorce after 50 — and especially divorce after 60 — carries a distinct set of considerations that younger couples rarely face.
Decades of intertwined finances
Many couples divorcing after a long marriage have deeply intertwined finances, covering pensions, property, investments, business interests, and retirement plans built up over decades. These assets are not just central to financial stability; they often represent the life savings on which both people will rely in retirement.
As a first step in any financial settlement, everything you own together goes into the matrimonial pot. This includes savings, property, investments, pensions, and business interests. The starting point is a 50/50 split, but the court can adjust this to reach a fair outcome.
Crucially, the Family Court in England and Wales aims for a fair financial settlement. It takes into account the length of the marriage, each spouse’s contributions, future income needs, earning capacity, and the standard of living during the marriage. The split is therefore unlikely to be simply equal. The court focuses on fairness, which may mean an unequal division justified by differing needs and circumstances.
The family home
At the heart of many divorce proceedings is what happens to the matrimonial home. In later-life divorce, the family home is often mortgage-free and represents the most significant asset. However, keeping it is not always straightforward. Most people divorcing at 60 may need to downsize, as being retired or close to retirement makes it harder to secure a new mortgage. In many cases, the couple sells the shared home and each buys in cash using their share of the proceeds.
If one party remains in the family home, this factors into the financial settlement. There are also legal and tax considerations, including potential capital gains tax implications. For older clients, accessing a mortgage is often more difficult, so any division of the property will reflect that reality.
Pensions: the asset people overlook
For many couples divorcing after 60, the pension pot rivals or exceeds the value of the family home. Yet pensions remain surprisingly overlooked in settlements. Legal & General’s Divorce Delays research, published in January 2026, found that only a quarter of people who divorce after 50 include pensions in their settlement discussions, and almost a third waive rights to their former partner’s pension entirely. Just 8% take financial advice before making that decision. We look at this in more depth in our guide to silver divorcees’ pension rights.
That is a serious mistake. For those who are retired or approaching retirement, a fair division of pension assets can be crucial to protecting their financial future. Some people may have taken time out of work to care for children, or felt confident they would benefit from their partner’s pension. Divorce puts that assumption into question. It is therefore important to make sure pensions feature in any financial settlement negotiation.
The three ways to deal with a pension on divorce
The law provides three main routes when dealing with pensions on divorce: pension sharing, pension offsetting, and pension attachment. MoneyHelper explains how each works in its guide to splitting pensions in a divorce or dissolution.
Pension sharing transfers a portion of the pension from one person’s fund directly to the other’s. Pension offsetting means one person keeps their pension while the other receives an equivalent share of a different asset, such as a larger portion of the family home. Pension attachment means a proportion of the pension benefits are paid to the non-pension holder when the pension becomes payable.
Complex pensions typically require a Pension on Divorce Expert (PODE) to advise the court and both parties on how to divide the funds. The Pension Advisory Group’s guidance on the treatment of pensions on divorce is the framework the courts work to. In most cases, a pension share delivers the cleanest outcome, but the right approach depends on age, pension type, and the wider financial picture.
Spousal maintenance is another income-related consideration in grey divorce. While courts generally aim for a clean-break financial settlement, long marriages with significant health considerations or income disparities may require spousal maintenance to meet the dependent spouse’s needs. However, solicitors urge caution about accepting spousal maintenance in place of a pension share. Spousal maintenance always ends on the paying spouse’s death or on the recipient’s remarriage, making it a less secure long-term income.
Tax: the consideration that catches people out
A frequently overlooked issue in grey divorce is tax. Capital gains tax (CGT) relief applies to transfers of assets between spouses on a no gain, no loss basis during marriage. Until April 2023, that relief ended at the close of the tax year in which the couple separated. The rules are now considerably more generous: separating spouses have up to three years after the tax year of separation to transfer assets under the same relief, and where a transfer forms part of a formal divorce settlement there is no time limit at all. HMRC sets out the position in helpsheet HS281. The timing of property and investment transfers still matters, and careful management of valuations can help reduce tax liabilities.
In addition, parties should consider the impact of divorce on inheritance tax planning, including updating a will after a divorce. GOV.UK explains the thresholds and allowances in its guide to how Inheritance Tax works. This is especially relevant where there are children from a previous relationship, or where informal financial arrangements have existed throughout the marriage.
No-fault divorce: a significant change for older couples
The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, fundamentally changing how divorce works in England and Wales. The new system removes the need to blame either party for the breakdown. There is now only one ground for divorce: that the marriage has irretrievably broken down. You no longer need to provide evidence or justification. A statement confirming this is all that is required. The application process itself is set out on GOV.UK.
This matters considerably for couples in long marriages. No-fault divorce has made it much easier for couples to separate on civil terms, particularly where both parties want a respectful split. Many grey divorcees want to separate with their dignity and their adult children’s respect intact. The law now supports that approach far better than it did before 2022.
Why a consent order is essential
Completing the divorce itself does not settle your finances. The divorce legally dissolves the relationship. It does not, on its own, determine who keeps the house, how pensions are divided, or what happens to savings and debts. To make your financial agreement legally binding and final, you need a consent order. GOV.UK covers the basics in its guide to money and property when you divorce or separate.
A consent order is a court-approved document that records the financial terms both parties have agreed. Without one, either party can make a financial claim against the other at any point in the future, even years after the divorce. For couples with significant accumulated wealth, that is a real and lasting risk.
A specialist family solicitor can make sure the draft consent order accurately reflects the financial agreement, deals with future claims, and includes the correct legal terms. This is especially important where the agreement involves property, pensions, business interests, spousal maintenance, or an unequal division of assets.
Why taking legal advice on grey divorce makes sense
Grey divorce involves financial decisions that can be genuinely difficult to reverse. At this stage of life, there is less time to recover from a poor settlement, and the assets at stake, particularly pensions, are often more complex than those involved in earlier divorces.
A specialist family solicitor can help you understand what you are entitled to, identify assets that might otherwise be missed, and make sure any agreement is properly documented. In addition, a solicitor can advise on the tax implications of different settlement structures and help you avoid arrangements that look straightforward but carry long-term risk.
When to seek advice
The best time to take advice is before you agree to anything. Informal agreements made between separating couples, even those made in good faith, are not legally binding unless recorded in a consent order approved by the court. As a result, acting on an informal arrangement without legal advice can leave you exposed.
If you and your spouse are broadly in agreement, a solicitor can still add real value by reviewing the proposed terms, flagging any issues, and drafting the consent order. For more complex situations involving business interests, large pension funds, or property abroad, early specialist advice is particularly important.
Mediation and other options
Not every grey divorce needs to go through contested court proceedings. Mediation, where a neutral third party helps both spouses reach agreement, can be a cost-effective and less adversarial route for many couples. You can find an accredited mediator through the Family Mediation Council. Similarly, collaborative law, where both parties and their solicitors commit to reaching a negotiated settlement without going to court, suits couples who want to maintain a respectful relationship, particularly where adult children or grandchildren are involved.
Our overview of arbitration, mediation and other forms of non-court dispute resolution sets out the alternatives in more detail. However, mediation and collaboration work best when both parties are fully informed. Therefore, taking independent legal advice alongside any alternative process remains important. A solicitor can advise in the background, review any proposed agreement, and make sure the final consent order is sound.
How Tyrer Roxburgh Solicitors can help
Tyrer Roxburgh Solicitors acts for clients across a range of later-life divorce matters, from straightforward separations to complex financial cases involving substantial pension assets, property portfolios, and business interests. The firm understands that grey divorce raises questions that go beyond the legal process, including how to protect retirement income, what happens to jointly held property, and how to reach a fair outcome without unnecessary conflict.
For more information, or to arrange an initial conversation with a member of the family law team, please contact Tyrer Roxburgh.
This article is for general information only. It does not constitute legal advice and should not be relied upon as such. You should seek advice specific to your circumstances from a qualified solicitor.
About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
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