Divorce rate for over-60s

The divorce rate among the over-60s has decreased in the last few years, according to the latest figures from the Office for National Statistics (ONS), however in the medium-term there has been an upwards trend in the divorce rate among the over-60s seen in the last few decades. This is in contrast to total divorce figures which have fallen over the same period.

The divorce rate for over-60s was relatively stable in the 1980s but then started to rise in the early 1990s. ONS figures show that 8,335 men over 60 were granted a divorce in 2019, the latest year for which figures are available. That was a rise of 35% compared with 1999.

Husbands tend to be older than their wives, but the trend is similar for women. A total of 5,586 women over 60 divorced in 2019 compared with 3,466 in 1999.

There are thought to be a number of likely reasons for the increase. It is most likely to be due to people living longer. It also corresponds that marriage rates are also on the rise amongst over-60s. The ONS reports that older people are more connected, economically and socially, than they were before. Additionally, they are more likely than ever to be working and therefore able to financially support themselves outside of marriage.

It’s always sad to see a marriage come to an end but it seems particularly so when a couple have been together for 30 or 40 years. Many couples however find they have grown apart by the time they get to their sixties and their children have left home.

Divorce Considerations for Over-60s

Over-60s face the same general issues that confront all couples involved in a divorce, although some problems will be more relevant than others.

Children have probably grown up and flown the nest, so there should be no concerns about contact arrangements etc. On the other hand, reaching a financial settlement can be more complicated; pensions could already be in draw-down, your mortgage raising capacity can be reduced and you may have to re-evaluate plans for retirement, all whilst potentially considering the costs of future care. Nevertheless, everything has to be calculated and taken into consideration before arriving at a final settlement and generally speaking, assets will have to be divided equally if there is sufficient capital available.

Furthermore, extra attention may have to be drawn to issues such as inheritance and tax planning. It’s likely that before the divorce, the couple’s wealth, including the house, was owned jointly by both partners.  When one died, the estate would pass to the other without any inheritance tax issues. Once they divorce, however, that automatic exemption no longer applies and so they may have to look closely at arrangements to protect their estate as much as possible. Wills are an important issue for all divorcing couples, it’s likely that they will have left all or most of their estate to their partner.  Do they still want that to happen once they divorce? Who do they want to benefit if not their former spouse? They will need to draw up a new will to reflect their new circumstances.

As more of the baby boomer generation enter their 60s, it’s likely that the divorce rate for this age group will continue to rise, especially as the social stigma of separation has diminished in the last few decades.

Please contact a solicitor from the Machins Family team if you would like more information about the issues raised in this article or any aspect of family law.