The Sunshine State Florida housing the largest number of the retiree population in the United States has recently gained attention for its rising divorce rates in older couples. While the overall divorce rates in the US have been stabilizing, Florida has seen a surge in divorce rates in older couples with divorce rate tripling since 1990.
A special term “Grey Divorce” has been introduced to define couples over 50 getting divorced. Women in Florida initiate divorce about 69% of the time, similar to national patterns where women more often start the legal process.
With the growing trend of grey divorce in Florida initiated largely by women, the most obvious question arises: Why now?
Empty Nest Syndrome
As the children move out of the houses, couples are left to revisit their relationships outside of being parents. According to the U.S. Census Bureau’s Families and Living Arrangements data, more than one-third of householders aged 45–64 are now “empty nesters.”
While for some couples, it means renewed connection and enjoying old age together, for others it may reflect emotional distance that existed for long years in marriage.
During this phase, many women may notice the following changes in their relationships once children are out of the picture:
- Emotional distance with their spouses
- Long term communication issues
- Long term lack of empathy
Without children acting as the binding force, many women choose not to remain in hollow marriages anymore.
Financial Independence
Today women are equipped with:
- Own long and stable careers
- Retirement accounts and social security funds
- Investments
- Financial literacy
- Confidence to manage their finances independently
Financial independence has changed the decision making process for women. They no longer require marriage for economic security but rather want marriages to be emotionally fulfilling and supportive.
Financial stability gives women the freedom and confidence to leave marriages that are unfulfilling, rather than staying out of fear.
Shift in Social Perspectives
There is an active shift in societal expectations and perspectives that does not see divorce as a stigma anymore. Society is more accepting and empathetic towards divorced couples than frowning upon them.
Women with their exposure to social clubs and communities are able to find support from their peers to go ahead with their decisions to prioritise their personal wellbeing over draining marriages.
Longer Life Expectancy
With the advancement of medical technology, women over 50 are expected to live up to three more decades, for example, women aged 65 in the U.S. could expect to live another about 20.7 years on average. Aging is no longer the end, instead it is seen as a new beginning.
Thus women are realizing they may have 20 more years of active life ahead of them. Many women increasingly want to spend these remaining years to enjoy life and don’t want to spend it in a dissatisfying marriage. The priority has shifted to happiness, fulfillment and ‘self actualization’.
Understanding Florida Laws that can affect Your Decision on Divorce
Divorce can be mentally exhausting and emotionally demanding. If you’re over 50, and considering divorce in West Palm Beach or nearby areas, here are legal aspects you must be aware about before taking your first step:
The No-Fault Divorce Law
A no-fault divorce is a divorce where neither of the parties have to provide evidence for any wrongdoing ( abandonment, infidelity, violence etc) to get divorced.
Florida has been a no-fault divorce state since 1971. While this legal standard is not new, its relevance has increased for women over 50 in recent years.
How does it work?
One of the spouses has to file for divorce by stating either of the two legal grounds:
- The marriage is “irretrievably broken”
- One spouse is mentally incapacitated (rare and requires proof)
Most of the cases use “irretrievably broken” and no further explanation or evidence is required.
Why does it matter?
It allows older couples to get separated easily with little to no hassle and focus on resolution rather than conflict and indulging into unnecessary blame games.
It helps women to end a marriage that doesn’t work out for them by simply saying so instead of having to prove extreme circumstances for separation. It further preserves the dignity and privacy of couples that one might consider crucial.
Alimony Reforms
As of 2024-25, permanent alimony has been eliminated for new cases post reform. However, if a permanent alimony has been negotiated in a prenup and the couple is getting divorced, there will be provision of permanent alimony.
What else can help you if not permanent alimony:
- Temporary Alimony: Received while the divorce is ongoing. It helps low earning spouses to pay bills and afford a lawyer while the divorce is being finalized.
- Durational Alimony: The spouse receives alimony based on the length of the marriage but cannot receive support for longer than the length of the marriage itself. It mainly provides support for a set period of time rather than a lifetime support.
- Bridge-the-Gap: It provides short term help to spouses for transitioning from married life to single life. Helps to cover immediate costs after divorce ( moving cost, utilities, security deposits).
- Rehabilitative Alimony: Considered as a long term support (training or tuition fees) provided to a spouse to regain their earning power and become self sufficient. It is subject to change according to change in circumstances.
- Strategic Assets: As permanent alimony support is no longer a guarantee, the focus has shifted to division of tangible assets like pensions and real estate.
Asset Division
Under Floridian law, courts follow an equitable distribution system for division of assets and not equal split between both spouses. This means that assets are divided among the spouses fairly but not necessarily equally.
This system takes into consideration the following while dividing assets:
- Length of marriage
- Contributions (financial and non-financial)
- Economic circumstances
- Contributions also include home making, caregiving, and supporting a spouse’s career
The equitable distribution system allows women who either took a break from their career or did not earn much for taking care of children or contributing to household responsibilities and supporting their spouse’s career to also have an opportunity to exercise their right to enjoy a fair share of assets.
Challenges of Divorce After 50
While divorce after 50 may feel liberating, it also comes with some challenges. Women should carefully consider the following before filing for a divorce:
- Retirement accounts, pension funds and long-term financial planning
- Emotional impact and family dynamics
- Availability of legal and financial guidance
Careful planning and preparation will help women have a peaceful divorce and ensure their peace of mind.
Conclusion
Divorce after 50 in Florida is often a thoughtful decision influenced by changing family dynamics, financial situations, health and life related factors. While the law provides ways for fair separation, outcomes may change according to individual circumstances. Retirement assets, long-term financial security, and future stability must be evaluated thoughtfully before taking any legal step.
Require Legal Guidance for a Divorce After 50?
If you’re over 50 and considering divorce in Florida, you can find us in West Palm Beach, Boca Raton & Stuart. Divorce can be overwhelming and speaking with an experienced family law professional can help you understand your rights and help you protect your assets.
The Affordable Divorce Center specializes in Florida divorce and family law matters, offering guidance suitable for your unique situation.
Get a consultation and make a step towards a low-conflict and easy separation.
FAQs
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Why are women over 50 getting divorced?
Women over the age of 50 are getting divorced due to empty nest syndrome, financial independence, longer life expectancy, and changing social perspectives. Women no longer want to continue marriages that do not make them happy anymore.
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Why does Florida have a high divorce rate?
Florida has a high divorce rate because of its large retiree population, no-fault divorce laws, and higher acceptance of old age divorce. This makes it easier for couples to get separated without much restriction.
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How is divorce different for couples over 50 in Florida?
Divorce later in life often focuses less on child-related issues and more on asset division, retirement accounts, healthcare planning, and long-term financial security.
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Is Florida a 50/50 state when it comes to divorce?
No. Florida does not automatically divide assets 50/50 in a divorce. It follows an equitable distribution system, which means assets are divided fairly but not necessarily equally.
