Gray Divorce in Illinois: Special Issues for Older Couples

 Posted on September 04, 2025 in Divorce / Family Law

As of 2022, divorce rates for those 65 and older were 15 percent, which is triple the number of senior divorces in the 1990s. This number is even more interesting because divorce rates as a whole have actually declined over the past three decades. There are many reasons for the increase in gray divorces, not the least of which is the fact that Americans are simply living longer.

Divorce is rarely easy, but for seniors, the process can be more complex than usual. Gray divorces involve unique emotional, financial, and family challenges that young couples are unlikely to face. These challenges can include Social Security, long-term healthcare, retirement savings, and concerns about inheritance for adult children. The good news is that there are rarely issues regarding the allocation of parental responsibilities (child custody).  

If you are considering divorce later in life, you must fully understand all the issues so that you can protect your future. When you choose a knowledgeable Geneva, IL divorce lawyer who has experience in gray divorce, you can rest easy, knowing your rights will be fully protected and that you will benefit from the best outcome possible, given the circumstances.   

What Are the Most Common Reasons for Gray Divorce?

There are many reasons for gray divorces, but the primary reasons include:

• Partners develop differing priorities, interests, or life goals over time.
• Empty nest syndrome can cause couples to realize they have little in common.
• Increased life expectancy means people are less likely to stay in an unhappy marriage.
• Financial conflicts, such as overspending, debt, or one partner's total control over marital finances, can contribute to gray divorce.
• Infidelity affects senior relationships in the same way it affects younger spouses.
• Divorce carries less stigma than it did years ago.
• Personal growth, mental well-being, and improvement in quality of life are reasons most often given by women in a gray divorce.

What Are the Financial Challenges Associated with Gray Divorce?

Division of retirement accounts, including 401(k)s, IRAs, and pensions, can be especially challenging. However, a spouse with no retirement of his or her own should never walk away from this asset. Any funds added to the account during the marriage are considered marital assets under the equitable distribution laws in Illinois (750 ILCS 5/503) and are often divided through the use of Qualified Domestic Relations Orders (QDROs).

Social Security may also be a consideration. If only one spouse worked outside the home during the marriage, the other may be left with no Social Security retirement to depend on. A spouse who did not work outside the home could be entitled to a divorced spousal benefit from his or her former spouse’s Social Security if the marriage lasted at least 10 years, the non-working spouse is at least 62 years of age, has not remarried, and his or her own retirement benefits would be less than the spousal benefit.  

Healthcare and health insurance can be challenging during a gray divorce. When one spouse loses health care coverage through the other’s workplace before he or she can collect Medicare, health insurance can be expensive. Finally, planning for long-term care without a spouse can be much more complex; unless the spouses remarry, neither can count on a spouse looking after them in the event of an illness or disability.    

Is Spousal Maintenance More Likely in a Gray Divorce?

Since Illinois considers the length of the marriage when determining whether spousal maintenance will be awarded, and, if so, for how long, this can be a significant consideration in evaluating lifetime financial security. The receiving spouse may negotiate a lump sum vs. ongoing payments, but should never walk away from this financial asset in a gray divorce.  

Contact a Kane County, IL Family Law Attorney

If you are a senior considering divorce, you must be aware of the complex financial and legal issues that require careful planning. An experienced Geneva, IL divorce lawyer from Loire Krajniak Law, LLC can help secure a stable future for you. Attorney Krajniak fully understands the unique challenges of gray divorce, including protecting your healthcare and estate, as well as dividing retirement savings. To schedule your free consultation, call 630-448-2406.