As life expectancy increases, so does the rate of couples who seek to divorce at a later stage of their lives. Silver splitters previously saw their generation regard marriage as a permanent status.
What are the reasons for this increasing trend of divorces or separations in the over 50’s?
Changes in life expectancy have led to many couples to decide that they do not want to continue to stay together. The prospect of spending your retirement years with a spouse you have nothing in common with may often trigger a divorce or separation. At the same time more people are remaining active for longer and expecting more out of their lives following their retirement. Currently 42% of all marriages are now ending in divorce. Some couples may find that this rise reduces the stigma that people felt was attached to divorce. People often remark they stayed together for the sake of their children. Once those children have left the family home, one spouse no longer feels obliged to stay together in an unhappy marriage.
It is also suggested that the recent changes in the law, allowing pension funds to be split has also caused a surge in the divorce rates amongst older couples. Since April 2015 men and women over 55 have more freedom in cashing in their pension pots. This means there is more money available for the spouses to split up once they have attained the age of 55 years. Women are usually more financially independent in comparison to previous generations enabling them to envisage leading a life away from their spouse.
In 2012 the number of people in the UK aged 60 plus who filed for divorce was 45% higher than it was in 2002. These figures are bound to continue to rise.
Silver splitters going through a divorce need specialist advice from a family solicitor. According to the landmark case, White v White, decided by the Supreme Court (then the House of Lords) in 2000, courts are instructed to assume an equal division of the marital assets unless the merits of the case prevent them from doing so. However the complex nature of pensions means that a 50/50 split will rarely provide equality of income. Solicitors will often advise that it is necessary to work together with financial advisors to ensure the pension rights of both parties are addressed appropriately. The new pension reforms do mean that the parties have greater options than they did have in the past. However it is still essential to obtain specialist legal and financial advice.
To discuss divorce or separation in the strictest of confidence, please speak to our experienced family department on 0113 320 5000 or by email tofamily@winstonsolicitors.co.uk.
