While divorce rates are either stabilizing or even decreasing across American amongst most demographics, divorce rates amongst Americans over the age of 50 are rising. Today, with an over 15% increase in the divorce rate in the last 20 years, more Americans over the age of 50 are, for the first time, divorced than widowed. In 2009 alone, over 600,000 Americans over 50 filed for divorce, making older couples 2.5 times more likely to get divorced than younger couples.

Dubbed “Gray Divorces,” sociologists attribute several changing socio-economic factors to the rising divorce rate. Since divorces in all age groups are statistically more likely to be initiated by the woman, the increasing economic autonomy and opportunities for women have allowed them to be able to support themselves after a divorce. In the past, women have had to rely on men for financial stability and often have stayed in a marriage they felt was no longer working in order to sustain themselves. Now, with women having a higher rate of education and a lower unemployment rate than men in the United States, they are able to support themselves and feel more secure in their decision to leave a dissatisfying marriage.

Another legal factor that has contributed to the rising rate of divorce amongst older Americans is the spread of no-fault divorce. In 2010, New York State became the last state to adopt laws that allowed married couples to file for a no-fault divorce. In the past, New York State only allowed divorce if a spouse could prove that infidelity, adultery, cruelty, abandonment, or imprisonment had occurred.

Since these faults require physical evidence and proof, recognizing “no-fault” divorce may have removed the emotional and bureaucratic burden of accusations and trial, thus encouraging older couples that no longer have feelings for each other to file for divorce without blame or fault. As an example, the first no-fault divorce in New York State after the law had been passed in 2010 was that of an 79 year old woman who had no ill will towards her husband, but felt that the marriage was “irretrievably broken.”

However, as with any divorce, the process of separating may be emotionally taxing and exhausting. For older couples, there is a greater concern of stress related to the divorce proceedings having an impact on their physical and mental health.

Furthermore, older couples still have to consider the same legal issues as all couples, such as a fair appraisal and distribution of assets, property rights, spousal support, and healthcare coverage.

As divorce rates for older Americans rise, there’s a higher need for professional and legal advice to ensure a fair asset distribution, and to minimize the emotional stress for all parties involved by streamlining the legal process. There’s no age too old to pursue a happier life. Contacting an experienced attorney to negotiate a fair agreement for both parties is the first step to starting a new future.