Wife and husband signing divorce documents or premarital agreement.

Divorcing Later in Life

Shep Law Group  Dec. 28, 2022

One of the undeniable truths about life is that you can always count on it to change. As life changes, your marriage will evolve and change, too. For one reason or many reasons, you may find yourself seeking a divorce later in life.   

No matter the reason and no matter your age, you deserve quality legal advice as you consider divorce. At Shep Law Group, we will bring our years of experience in Idaho law to your case. We are dedicated to helping our clients seek the best possible outcome for their futures. Our team at Shep Law Group proudly represents clients in Boise, Meridian, Ada County, Canyon County, and throughout the state of Idaho. 

Common Reasons People Divorce Later in Life 

Silver divorce is more common than you may think. There is a range of common reasons for divorcing later in life, including: 

  • Sometimes, once all the children have moved out of the home, and the couple are empty nesters, the marriage dynamic shifts. They realize they were staying together for the kids rather than for each other, and they may seek a divorce.  

  • In other situations, after both spouses have retired, their priorities shift. As they spend more time at home together, they may realize that one spouse wants to go out often and have more adventures while the other is content to stay at home. These opposing priorities may persist for years until there is no longer a reason to stay married.  

Other issues, such as spending habits and aging, are also common reasons for divorcing later in life. No matter the reasons for your divorce, you deserve quality legal representation and to have your questions answered. 

Things to Consider 

Keep in mind these important considerations when divorcing later in life. Take steps to protect your standard of living and your financial future. 

Division of Assets 

Later in life, you will most likely have more assets to divide than younger couples who divorce. There may be multiple retirement accounts, investment accounts, vehicles, real estate properties, and valuable collections to be divided. Speak with a knowledgeable divorce attorney in Idaho to learn more about how the division of assets will work in your case. 


In many families, one spouse was the primary breadwinner while the other spouse took care of the children. The spouse who did not have a traditional career will need to look into options when it comes to alimony. Alimony should take into account all benefits associated with the spouse’s compensation, not just income. 


In your silver years, it’s time to enjoy the retirement savings built up during your marriage. Therefore, in a silver divorce, retirement accounts are critically important. Your attorney can help you determine whether you are entitled to any contributions made to retirement accounts after the divorce, as well as the tax implications for withdrawing from retirement accounts. 

Life Insurance 

When you divorce your spouse, you may no longer be entitled to any life insurance policy on them. However, it is especially important in a silver divorce to take out a life insurance policy that matches the value of the alimony you receive. 

Social Security 

You may have the choice between drawing off of your spouse’s social security benefits or your own. Speak with a knowledgeable family law attorney to learn which would be the better decision in your case. 

Mistakes to Avoid 

There are several common mistakes when divorcing later in life that you should be aware of and know how to avoid. Protect your financial security and avoid these mistakes.   

Keeping the House 

There are many sentimental reasons to keep the family home; however, it may be an unwise decision for your bank account. Consider the cost of utilities, home maintenance, and taxes that you will need to bear on your own. 

Ignoring Health Insurance 

Not having a plan for your health insurance is another common mistake made during a silver divorce. Take the time to find out what your health insurance situation will be after your divorce, and factor your new health insurance costs into your post-divorce finances.   

Underestimating Your Expenses 

Similarly, do not make the mistake of underestimating how much you’ll be responsible to pay for on your own after the divorce. If you neglect to factor in certain expenses, you could end up in an unnecessarily tight financial situation. Don’t underestimate your expenses during a silver divorce. 

Helping You Accustom to Life’s Changes 

Divorcing later in life comes with its own set of unique considerations. Be prepared for the process by working with an experienced divorce attorney in Idaho. At Shep Law Group, we are proud to provide strategic legal guidance to each of our clients. We will work to help you protect your best interests as you experience this major life change. Shep Law Group proudly represents clients in Boise, Meridian, Ada County, Canyon County, and throughout the state of Idaho. Contact our firm today to schedule your consultation.