Divorce demography: The rise of the 'silver separators'

Over recent years, we have seen a dramatic shift in the age of the divorcing population. While the overall rate of divorce has fallen across all age groups, the number of people aged 60 and over who are divorcing has risen, making this the fastest growing category of divorcing couples. This category has earned itself the title 'silver separators'.

According to data published by the Office for National Statistics in November
2015, the number of people divorcing over the age of 60 rose by an astonishing 85 per cent between 1990 and 2012.

There are many reasons why couples may choose to divorce later in life, including, to name but a few:

• Divorce does not carry the stigma it once did. This change in societal attitudes means the over-60s are more likely to divorce than the previous generation;

• As we experience longer life expectancies, some people question why they should have to spend the remaining 20 or 30 years of their lives in an unhappy marriage;

• Divorcing later in life means that, to an extent, the children of the relationship can be shielded from the effects of family breakdown, as they will inevitably be older and may have flown the nest. Couples therefore no longer feel the pressure to 'stay together for the sake of the kids'; and

• Women in particular have become more financially independent, so they may feel more able to 'go it alone' as they are no longer reliant on their spouse for financial support.

What is also interesting, and perhaps unsurprising, is that the rate of marriage for the over-60s is also on the rise. Between 2002 and 2012, the number of women and men aged 60 and over entering into marriage increased by 57 per cent and 43 per cent respectively.

Legal perspective

For family law practitioners, the financial considerations for an older client who is separating will differ from those of a younger client. For example, younger clients are likely to have more working years ahead of them and therefore a flow of income. There may also be the needs of any minor children to be considered.

More mature clients will, however, face different financial circumstances. For example:

• Rehousing: It becomes harder, if not impossible, to secure a mortgage later in life, meaning that new properties in which to rehouse the parties will need to be purchased outright from the division of the marital assets. It is likely, however, that smaller properties will be required as any children of the family will have left home;

• Income: The focus will be on spousal maintenance (as opposed to child maintenance), but this is against a backdrop of retirement or the paying party approaching retirement age. It is likely that income from employment will shortly come to an end and reliance on income from other sources will come into play;

• Pension assets: There will be increasing reliance on pensions and pension sharing to fund outgoings in retirement;

• Wills: As in all divorce cases, the updating of a will is advisable. This may, however, be a more pressing concern for older parties; and

• Pre-nuptial agreements: Parties in their 60s who
  have divorced but wish to remarry may give careful consideration to a pre-nup, given that they may now have independent wealth which they wish to shield from any potential future divorce settlement and preserve for the children.

Finally, the increasing rate of divorce among the over-60s adds to the demand for cohabitation reforms. Those who have divorced later in life may prefer to cohabit with a new partner rather than remarry, but the law is yet to catch up with this growing trend and protect those in cohabiting relationships.

The changing face of the divorcing population brings with it new challenges for family practitioners: an understanding of both the emotional and financial aspects of divorce for an older couple is increasingly required.

Carla Ditz is an associate solicitor at Family Law in Partnership @FLiPltd flip.co.uk