Family Law Insights: “Silver Splitters” – The Rise of Divorce Among Over-65s

Amelia Bunce, Trainee Solicitor

Amelia has been supporting John Randle in the family team, dealing with all aspects of family law, specialising in high-net-worth divorces. She also works on contentious and non-contentious employment matters, and personal injury claims – including those arising in connection with historic child abuse.

What is a Silver Splitter / Silver Divorce?

The divorce rate is dropping. According to the Office for National Statistics, from 2005 to 2015, the number of divorces registered in England and Wales fell by 28%. There is however one exception to this trend: the older generation.

Among the over 65s, the number of men divorcing has increased by 23%, while 38% of women ended their marriages. Indeed, so prevalent is the rise in divorce among the over 65s that the terms “silver splitters” and “silver divorce” (known as “grey divorces” in the US) have entered the vernacular.

Why are more of us divorcing later in life?

Several factors are contributing to the rise in silver divorces:

• Longer Life Expectancy: As life expectancy increases, so does the desire to make the most of our later years. People are questioning whether their current relationship will meet their emotional and lifestyle needs into old age.
• Changing Social Norms: The stigma around divorce has declined significantly. Unlike previous generations, today’s older adults are more comfortable making life-altering decisions, even after decades of marriage.
• Higher Expectations: Modern relationships are built on emotional connection, shared values, and mutual growth. When these needs aren’t being met, many people are no longer willing to “stick it out” simply because of age.
• A Growing Older Population: There are simply more people in the 65+ bracket today than there were two decades ago (up 20%, according to the Office for National Statistics) which naturally leads to more late-life divorces.

Things to consider in a Silver Divorce

Whatever the reason for this trend, divorces in later life often carry unique and independent factors that require careful consideration.

When dealing with the finances in a silver divorce, there may be more complex financial arrangements compared to divorces that take place earlier in life. While the divorce process is the same for everyone, whether a short or long marriage, in a silver divorce the couple may have been married and accruing assets for decades. All of these assets will need to be dealt with carefully.

Some factors that need to be considered are:

• A silver splitter is unlikely to have working years ahead of them. Spousal maintenance may be required where one party does not have savings or a pension, to ensure they can maintain a reasonable standard of living post-divorce;
• The matrimonial home may have been in the family for decades, and can hold sentimental and emotional value, which may change the landscape of negotiations. The home may also be mortgage-free, which changes how it should be approached in financial negotiations; and
• When divorcing later in life, individuals may have different and unique plans for their future which may differ from their younger counterparts. These personal goals should be factored into any settlement to ensure a fair and practical outcome for both parties.

Expert Support for Silver Splitters

At McAllister Olivarius, we understand that a divorce later in life is not just a legal matter – it is a deeply personal decision that often involves a complete lifestyle shift. Our experienced family law team offers:

• Strategic advice tailored to long-term marriages;
• Expertise in pensions, property, and financial planning;
• Sensitive and confidential client support; and
• A commitment to protecting your interests and helping you move forward with confidence

Whether you’re contemplating divorce or already in the process, we’re here to help you make informed decisions every step of the way.