Divorce at any age is difficult, but when couples over 50 decide to end their marriage, the challenges often look very different than those faced by younger spouses. Gray divorce has been on the rise across the country, and Illinois is no exception. As attorneys, we understand that these cases are more complex because they involve longer marriages, larger marital estates, retirement accounts, and issues surrounding adult children or even grandchildren.
Illinois divorce law, particularly 750 ILCS 5/503, governs the classification and division of marital and non-marital property. While the statute applies to all divorces, it often has heightened importance in gray divorce cases where decades of assets must be divided equitably. Unlike child custody disputes that may dominate younger divorces, the focus in gray divorce shifts toward financial security, retirement planning, and health care considerations. For many of our clients, the outcome of a divorce at this stage in life determines whether they will remain financially stable in retirement or struggle to rebuild.
Illinois law requires marital property to be divided equitably, not necessarily equally, under 750 ILCS 5/503(d). This includes pensions, 401(k)s, IRAs, and other retirement savings accrued during the marriage. Dividing these assets can be particularly complex, often requiring a Qualified Domestic Relations Order (QDRO) to ensure that retirement funds are split correctly without tax penalties. Because older couples are closer to or already in retirement, missteps in this process can jeopardize their financial future.
Spousal maintenance, also known as alimony, is often a central issue in gray divorce. Illinois law, under 750 ILCS 5/504, allows courts to award maintenance based on factors such as the duration of the marriage, the income disparity between spouses, and the standard of living established during the marriage. In a marriage that has lasted 20 or 30 years, courts frequently consider longer-term or even permanent maintenance. For a spouse who has not worked outside the home for decades, this financial support may be critical.
Another unique factor in gray divorce is health care. When couples divorce later in life, one spouse may lose health insurance coverage provided through the other’s employment or retirement benefits. Illinois courts cannot force an employer to maintain coverage for a former spouse, so alternative arrangements must be made. This often involves negotiating spousal maintenance or asset distribution to account for the cost of private insurance or Medicare supplement plans.
Divorce at a later age also intersects with estate planning. Couples must update wills, trusts, and powers of attorney to reflect their new circumstances. Failing to do so can leave ex-spouses in positions of authority or inheritance that no longer reflect the parties’ wishes. Although divorce automatically revokes certain provisions under Illinois law, proactive planning ensures that your estate plan aligns with your post-divorce life.
Marital property generally includes all assets acquired during the marriage, such as retirement accounts, homes, vehicles, and bank accounts. Under Illinois law, even if only one spouse’s name is on the account, it may still be considered marital property if acquired during the marriage.
Yes. Retirement benefits earned during the marriage are considered marital property under 750 ILCS 5/503. These assets can be divided by court order, often through a Qualified Domestic Relations Order (QDRO), to ensure each spouse receives their fair share.
Yes. Courts are more likely to award spousal maintenance in longer marriages, especially if one spouse sacrificed career opportunities to raise children or support the other’s career. The duration of maintenance often correlates with the length of the marriage.
If you were covered under your spouse’s plan, you may lose coverage after the divorce. Options include COBRA continuation coverage, purchasing a plan through the health insurance marketplace, or negotiating additional spousal maintenance to help cover the cost of private insurance.
Absolutely. Divorce changes your legal and financial status, so updating wills, trusts, and
beneficiary designations is essential to make sure your estate reflects your current wishes.
Adult children are not directly involved in divorce proceedings, but the emotional and financial impact of the divorce often affects them. For example, dividing family businesses or inheritance planning may require communication with adult children.
At Gordon & Perlut, LLC, we understand the unique challenges of gray divorce and the importance of protecting your financial security, health care, and future planning. Our team is committed to helping clients throughout Illinois achieve fair outcomes in later-life divorces.
Contact our Chicago divorce lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We proudly represent clients throughout the entire state of Illinois and are ready to provide the guidance you need during this critical time.