A Baby Boomer Phenomenon? Exploring Gray Divorce in Ohio

Gray Divorce in Ohio Rates Among Baby Boomers

In my practice as an Ohio divorce attorney, I continue to see more and more older couples pursuing what is often called a gray divorce in Ohio.. It seems like this is a good time to post an update on this topic. My last article was on May 4, 2024, which also included links to 5 previous posts of ours on this trend.

A “gray divorce” is a divorce after the age of 50. In Ohio, divorce among those 65 and older has skyrocketed within the past few decades. According to a 2024 report conducted by the National Center for Family & Marriage Research at Bowling Green State University (BGSU), the share of divorce rates among adults age 65 and older has nearly tripled since 1990. Interestingly, the research also demonstrates that divorce rates among those aged 50 to 64 slightly declined in 2022, indicating that gray divorce is more common among the baby boomer generation, or those born between the years 1946 and 1964.

Reasons for “Gray” Divorce

While the data alone does not provide insight into why divorce rates have increased among the baby boomer generation, there might be several explanations for this trend. Oona Metz, LICSW, a divorce expert and the author of Unhitched: The Essential Divorce Guide for Women, offers several possible reasons. First, she theorizes that increased life expectancies for both women and men have led many couples to realize they don’t want to spend their remaining years in an unfulfilling marriage. According to the CDC, US life expectancy hit an all-time high in 2024, with the average American now living to 79 years old. The COVID-19 pandemic gave many older couples their first taste of what a long-lasting retirement life would look like, and many realized that they were less than thrilled at the prospect of spending it with their spouse.

Metz also theorizes that chronic health conditions and acute health problems are more common as we age and can increase stress for couples. Research indicates that in heterosexual marriages, 20.8% of men leave their marriages when their wives have serious health problems. Comparatively, 2.9% of women leave their marriages when their husbands have serious health problems. This increase in gray divorce in Ohio mirrors national trends but presents unique financial and legal considerations under Ohio law.

Finally, “empty nest” syndrome causes many couples to reevaluate their relationship. Once the children grow up and move out of the house, many couples realize that there is not much left keeping their relationship together. Intimacy has faded (or gone into extinction), beliefs have shifted, and many couples find that they have simply fallen out of love with each other. Today, there is much less social stigma surrounding divorce than there was in previous generations. As a result, many baby boomers feel comfortable moving onto a new chapter in their lives.

Key Considerations for Couples considering a Gray Divorce

While many older couples face the same issues that any divorcing couple might, there are some unique issues to consider:

1. Retirement Assets

Many couples in their 60s and 70s have retirement assets (IRAs, 401(k)’s, pension plans, and so on) that they have contributed to for decades. Division of these assets can be complex and requires the expertise of an experienced divorce lawyer.

2. Social Security

Under federal law, Social Security benefits cannot be divided in divorce proceedings. However, if you have been married for at least ten years and both you and your spouse are age 62 or older, you may be entitled to up to half of your spouse’s Social Security benefits.

3. Estate Planning

A gray divorce will necessitate an overhaul of your current estate planning documents. These documents might include your will, power of attorney, healthcare directive, and funeral or burial plans. It is also essential that you update any payable-on-death designations, as these will bypass your will and go directly to the named beneficiary.

PUBLISHER’S NOTE:

I want to thank Lydia Wagenbach for helping writing this blog for us. Lydia is a second year law student at the University of Dayton School of Law. Well done Lydia! Thanks for your help and you are an excellent writer!

MUESLAW PROVIDES EXPERIENCED, TRUSTED AND PROFESSIONAL ADVICE IF YOU ARE CONSIDERING A GRAY DIVORCE.

If you are considering a gray divorce in Ohio or a divorce after age 50, MuesLaw can assist. To learn more, please go to our website at www.muesLaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!

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