Divorce Over 50: What Women Need to Know

Divorce later in life can feel overwhelming. When separation happens after 20 or even 30 years of marriage, the emotional and financial impact is often significant. Divorce over 50 means reassessing long-term financial security, and retirement planning at a stage when rebuilding savings may be more difficult.

In Australia, “grey divorce”, referring to separation among couples aged 50 and over, has increased over the past two decades. Research conducted by Australian Seniors and consumer research group CoreData found that approximately 32% of all divorces now occur after age 50. Contributing factors include longer life expectancy, increased financial independence and changing social attitudes towards separation later in life.

If you are navigating separation in your 50s or beyond, understanding your legal rights under Australian Family Law is essential. Obtaining early advice can help protect the assets and financial stability you have built over many years.

Why Divorce Over 50 Is Different

Separation later in life often involves long-term marriages with complex financial arrangements. These may include significant real estate holdings, superannuation, investments, family businesses or trusts. Many couples also have adult or near-adult children and are approaching retirement.

Research from the “Love After 50 2023” report indicates that empty nest syndrome is a common trigger for separation, accounting for 48 percent of divorces after age 50. Financial pressures, reported at 35 percent, and retirement-related adjustments at 34 percent, also contribute to relationship breakdown. These factors often mean emotional strain and financial uncertainty occur at the same time.

Unlike shorter marriages, financial decisions made during divorce over 50 can directly affect retirement lifestyle and long-term stability. There is often less time to recover financially, which makes informed and strategic decision-making critical.

Property Settlement After a Long Marriage

Under Australian Family Law, property settlement is not based on a fixed formula. The Court considers;

• the total asset pool,
• each party’s financial and non-financial contributions,
• contributions as homemaker and parent,
• and future needs including age, health and earning capacity.

What Is Included in the Asset Pool?

The asset pool may include:

• the family home,
• investment properties,
• savings and shares,
• business interests,
• superannuation,
• vehicles and personal property.

Even if assets are held in one person’s name, they may still form part of the property settlement.

For parents who have taken time away from paid employment to raise children or manage the household, those contributions are recognised under the law. Courts acknowledge that non-financial contributions are equally important.

Superannuation and Retirement Planning

Superannuation is often one of the most significant assets in long-term marriages. Although many women over 50 have lower super balances due to career breaks or part-time work. Superannuation can be divided between parties as part of a property settlement. While this does not provide immediate access to cash, it can significantly affect long-term financial security – especially when retirement may only be 10 to 15 years away. Understanding how superannuation is valued and divided is particularly important in grey divorce matters.

Spousal Maintenance: Are You Entitled?

Spousal maintenance may be available where one party is unable to adequately support themselves and the other has the financial capacity to assist.

This issue commonly arises in marriages where one spouse has been financially dependent for an extended period. The Court considers age, health, income, earning capacity, care responsibilities and the standard of living during the marriage.

Spousal maintenance may be ordered for a limited period or, in some cases, for a longer duration depending on the circumstances.

Parenting Arrangements for Teenagers and Adult Children

Divorce over 50 often involves older children. For children under 18, parenting arrangements must always prioritise their best interests. The views of teenagers may be considered depending on their maturity and understanding.

For children over 18, standard child support generally ceases. However, financial support may still be required in limited situations, such as where a child is completing secondary education or has a disability that affects their ability to support themselves.

Time Limits You Must Know

Strict time limits apply under the Family Law Act.

• You must be separated for 12 months before applying for divorce.
• You have 12 months from the date your divorce becomes final to commence property settlement or spousal maintenance proceedings.

If you do not take action within this timeframe, you must seek permission from the Court to proceed out of time. That permission is not automatically granted. Obtaining legal advice early reduces the risk of missed deadlines and protects your legal position.

Rebuilding Financial Independence

Divorce over 50 often requires practical adjustments including:

• updating your Will and estate planning documents,
• reviewing superannuation beneficiaries,
• updating insurance policies,
• establishing independent banking arrangements,
• creating a realistic post-separation budget.

Taking structured legal and financial steps can provide clarity during a period of uncertainty. A divorce lawyer can guide you through each stage with clear advice tailored to your circumstances.

Grey Divorce in Australia: A Growing Trend

The increase in grey divorce reflects broader demographic and social changes. With the average life expectancy for Australian women now extending into their mid-80s, many women may live several decades after separation. This makes long-term financial planning particularly important.

For women over 50, decisions made during property settlement and superannuation division will influence financial security for the next 25 to 35 years. Careful planning is essential to protect retirement outcomes and future stability.

Moving Forward with Clarity

Divorce over 50 presents unique legal and financial considerations. With informed advice, you can make decisions that safeguard your assets, support your retirement planning and provide stability for your family.

If you are considering separation, speaking with experienced divorce lawyers in Sydney or divorce lawyers Wagga Wagga can provide clarity about your position and your options under Australian Family Law.

Read Next: Dividing Superannuation in a Divorce or Separation