The breakdown of a marriage at any age or stage in life is a traumatic life event, which has wide-reaching impacts on the wellbeing, wealth and lifestyle choices of both spouses. In recent years, a disproportionately higher percentage of divorce orders have been granted to couples over the age of 50, couples who may have been viewed by family and friends as the well-settled, stable grandparents who have made it through the tough, child-rearing years, and could now move into the golden years of retirement together. Why are older Australians breaking up in record numbers? And what makes a “grey divorce” quite different from a divorce or separation of a younger couple?
Why are older couples breaking up?
The rise of divorce amongst older couples is not surprising, given the seismic shift that has occurred due to changing gender roles. Since the early 1970s, women in Australian society have achieved increasing financial freedom, mainly through higher rates of participation in the paid workforce. This has irrevocably changed the social and economic landscape, such that women now often have little or no need to rely upon a male spouse for financial support.
However, despite record rates of participation in the paid workforce and increased control of wealth, it is widely recognised that women generally continue to carry a greater burden of domestic labour and generally remain primarily responsible for childrearing. While this household dynamic may be changing in younger generations, older couples are far more likely to have a relationship dynamic whereby women work outside the home full or at least part-time, but continue to also work inside the home full-time. This is unlikely to be a recipe for success for a marriage, and with the increased social acceptance of divorce that has slowly evolved since the institution of no-fault divorce in 1975, Australian women who have the choice to do so are now far less likely to stay in marriages where this dynamic remains unchanged. As a result, family lawyers are seeing far greater numbers of older women, with their own well-paid careers, seeking divorces and property settlements with husbands of many decades.
Other reasons for the increase in grey divorce are less gender-specific. For example, age and ill-health can result in changes to relationship dynamics that cause a marriage to end. As mentioned above, as Australia offers no-fault divorce, in these situations a divorce is available to parties who no longer live together as a married couple for these reasons.
For other couples, after a long marriage, they may simply have grown apart, and when the children leave home, discover that they no longer have common interests or aspirations. This “empty nest syndrome” is not uncommon, and in this or any other situation, spouses can go their own way without acrimony, by recognising that a fair and equitable property settlement is one that enables both parties to provide for their own needs and live comfortably into their old age, regardless of whether they were the primary financial contributor, or the primary caregiver throughout the marriage.
Property settlement in older age
When the marriage of a young or middle-aged couple ends, property settlement is often strongly influenced by the care arrangements for children, and the property pool is usually comprised mainly of equity in the family home and chattels.
For older couples, while there may still be substantial equity in a family home, or indeed the home may be owned outright, the property pool often includes substantial superannuation entitlements and other investments. The division of the asset pool can therefore look quite different for older people, as interests in these assets might be less easily liquidated for division.
Without any adjustment resulting from the care of children, the health, anticipated medical costs and age-related considerations are likely to weigh more heavily upon any adjustment the Court is likely to make in either party’s favour.
Lynn and Brown Lawyers encourage anyone negotiating a property settlement with a former spouse to get in touch with one of our experienced family lawyers. You can contact us through our website www.lynnandbrown.com.au or by calling 08 9375 3411
About the Author: This article has been authored by Alison. Alison is a career-change lawyer who undertook her legal studies as a mature age student. She completed her Bachelor of Laws with Edith Cowan University in November 2022, her Graduate Diploma in Legal Practice with the College of Law in May 2023, and was admitted as a Lawyer in the Supreme Court of Western Australia in August 2023.
