Edited by Sara West | Published on February 26, 2026
For decades, divorce was largely associated with younger couples. That is no longer the case.
While the overall U.S. divorce rate has declined over time, the demographic profile of those divorcing has shifted dramatically. According to the Centers for Disease Control and Prevention (CDC), the national divorce rate currently stands at approximately 2.4 divorces per 1,000 population (based on reporting states). However, this broad statistic masks an important trend: divorce among adults age 50 and older has risen significantly over the past three decades.
Data from the National Center for Family & Marriage Research show that while the overall U.S. divorce rate has declined in recent decades, from 19 divorces per 1,000 married individuals in 1990 to 13 per 1,000 in 2021, divorce rates among older adults have moved in the opposite direction. Between 1990 and 2021, the divorce rate increased for individuals age 45 and older, and the rate for adults 65 and older nearly tripled, rising from 1.8 to 5.5 divorces per 1,000 married persons.
This trend, often referred to as “gray divorce,” has become an increasingly significant component of family law practice in North Carolina.
Why Gray Divorce Is Increasing
Several long-term social and economic factors contribute to this shift:
- Increased life expectancy
- Greater financial independence for both spouses
- Changing social attitudes toward divorce
- “Empty nest” transitions
- Retirement planning stress
For many couples, the post-holiday months bring clarity. February often becomes a time of reassessment, particularly in long-term marriages where issues have been building for years rather than months.
The Financial Stakes Are Higher After 50
Divorce later in life is not simply the division of a household. It is a restructuring of long-term financial security.
North Carolina follows an equitable distribution system. In long-duration marriages, most accumulated assets are marital and subject to division, including:
- Retirement accounts such as 401(k)s and IRAs
- Defined benefit pensions
- Investment portfolios
- Business interests
- Real estate
- Deferred compensation
At this stage of life, there is less time to recover from financial mistakes. Pension valuation errors, improperly drafted Qualified Domestic Relations Orders (QDROs), and overlooked tax implications can significantly affect retirement income.
At Tharrington Smith, we regularly advise clients on the financial complexities unique to gray divorce, often working alongside financial professionals to ensure long-term stability is preserved.
Alimony Considerations in Long-Term Marriages
In marriages lasting 20 years or more, alimony frequently becomes a central issue.
North Carolina courts consider factors such as:
- Length of the marriage
- Age and health of each spouse
- Income disparity
- Earning capacity
- Standard of living established during the marriage
When one spouse has been out of the workforce for an extended period, long-term or even permanent support may be appropriate. These determinations require careful legal and financial analysis, particularly when retirement is approaching.
For a more detailed discussion of spousal support, please see our prior blog post, Alimony in North Carolina: Your Guide to Spousal Support.
Healthcare and Insurance Planning
Healthcare coverage is one of the most underestimated risks in later-life divorce. If one spouse relies on employer-sponsored insurance, divorce can immediately terminate coverage. Medicare eligibility does not begin until age 65, and private insurance costs for individuals in their 50s and early 60s can be substantial.
In some situations, temporary continuation coverage may be available, but premiums are often significantly higher than what was paid during the marriage. In addition, prescription costs, ongoing medical conditions, and long-term care planning should be considered when evaluating overall financial security.
Strategic planning must address these realities before a separation agreement is finalized to ensure that future healthcare needs are both accessible and financially sustainable.
Moving Forward with Strategic Clarity
National data confirms that divorce after age 50 is no longer uncommon. It is one of the fastest-growing segments of family law. For individuals in North Carolina considering separation later in life, the legal and financial implications differ significantly from divorcing earlier in adulthood. Retirement security, tax positioning, healthcare continuity, and long-term income planning must all be evaluated with care.
At Tharrington Smith, our family law attorneys approach gray divorce with strategic foresight — balancing financial protection, legal precision, and thoughtful guidance during a significant life transition. If you are considering separation or divorce, consulting experienced counsel early can help you protect what you have built and plan confidently for what comes next.
Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be construed as legal advice. Every situation is unique. For advice specific to your divorce or family law matter, please contact one of our experienced Tharrington Smith family law attorneys.
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