Divorcing later in life aka "Grey Divorce"

WRITTEN BY SENIOR FAMILY LAWYER REBECCA LUCAS

Divorce can be one of life’s most emotionally and financially complex transitions. Regardless of your age or circumstances, navigating the end of a marriage is rarely straightforward. However, for older Australians—especially those separating after decades of being together—the stakes are often higher, the assets are more entangled, and the potential for complications is far greater.

At Williams Legal, we recognise that no two divorces are alike. As trusted divorce lawyers in Adelaide, we provide experienced, compassionate guidance to help you protect your rights, secure a fair outcome, and move forward with confidence, particularly when separation happens later in life.

Later-life divorce, sometimes referred to as "grey divorce", is becoming more common across Australia. As social attitudes shift and life expectancy increases, many individuals in their 50s, 60s or older are choosing to leave marriages that are no longer fulfilling.

While this decision can offer a chance at renewed independence and happiness, the legal and financial issues that follow are often more complex than those in earlier-life separations. This is where expert legal support from a firm like Williams Legal becomes essential.

Divorcing later in life presents a range of legal and practical challenges. By this stage, many couples have built a lifetime of shared financial history and personal commitments, including:

Complex Asset Pools

In long-term marriages, couples often accumulate a substantial and varied asset pool, ranging from the family home and investment properties to superannuation, share portfolios, trusts, and business interests. Under Australian family law, all assets and liabilities of both parties—regardless of whose name they are in—are considered part of the property pool to be divided, unless specifically excluded, such as certain inheritances. For older couples, this can become particularly complex, especially when asset ownership has evolved over decades or financial documentation is incomplete. Our team of divorce lawyers in Adelaide work methodically with you to identify, value, and fairly divide these assets, ensuring the property settlement is both equitable and legally compliant.

Superannuation Splitting

Superannuation is often one of the most significant assets in long-term marriages. In Australia, super is considered property under the Family Law Act and can be split between ex-spouses. Our expert divorce lawyers in Adelaide can advise you on how superannuation should be divided and ensure any agreements are legally enforceable and structured to support your long-term financial wellbeing with the collaboration with appropriately qualified financial professionals.

Estate Planning Implications

Separation can have significant flow-on effects for your estate planning. Wills, enduring powers of attorney, and beneficiary nominations may need to be revised to reflect your new circumstances. Our divorce lawyers can coordinate with our estate planning experts to help safeguard your assets for the future.

Emotional & Financial Vulnerability

It’s not uncommon for one partner—often the one who didn’t manage the household finances—to feel uncertain or vulnerable during divorce. Without proper legal advice, they may settle too quickly or unfairly. A divorce lawyer helps ensure negotiations are fair and informed, not reactive or emotionally driven. Our role is to advocate for your best interests and ensure the outcome reflects your rights under the law. This assessment includes a consideration of the immediate and long term financial circumstances to ensure the best outcome is achieved for you now and for your future.

As experienced and trusted divorce lawyers in Adelaide, our role extends beyond simply filing paperwork. We act as your legal advocate, guide, and strategic advisor through every step of the divorce process.

Protecting Your Interests

Divorce lawyers are trained to ensure that your financial and legal interests are fully protected. Divorce lawyers will identify any discrepancies in financial disclosure, advocate for a fair property settlement, and guide you through negotiation, mediation, or court processes when needed.

Clarifying Your Legal Position

Our divorce lawyers provide clear, practical advice so you understand exactly where you stand. Australian family law is nuanced, and every separation is different. A divorce lawyer can help you understand your legal entitlements—especially regarding asset division, spousal maintenance, and superannuation—based on your personal situation.

Facilitating Amicable Resolutions with Professional Mediation and Collaborative Practice

While some divorces require litigation, many can be resolved through negotiation or alternative dispute resolution methods, such as mediation or the collaborative law model. In fact, many can be resolved more quickly, affordably, and amicably through mediation and the collaborative process. A divorce lawyer can facilitate respectful negotiations or represent you during formal mediation sessions, helping parties find practical, sustainable and fair solutions.

The collaborative law model is an increasingly popular approach to resolving family law cases, where both parties and their respective collaborative family lawyers commit and sign an agreement to resolving their family law issues without going to court. This process involves a series of structured, cooperative meetings and may also include other professionals—such as accountants and financial advisors, as well as health professional such as psychologists, counsellors, conflict coaches and child specialists —to assist with complex issues, which are common in grey divorce.

Reducing Stress and Future Risk

Poorly handled separations can have lasting emotional and financial consequences. A well-informed and experienced divorce lawyer helps you avoid pitfalls like hidden liabilities, unfair settlements, or drawn-out court battles that drain resources and wellbeing.

Not all divorce lawyers offer the same level of expertise or personal attention. When seeking legal help for your divorce, especially later in life, look for someone with experience handling complex asset divisions and long-term relationships. It’s also essential to find a divorce lawyer you can trust—someone who listens, communicates clearly, and takes the time to understand your priorities.

The best divorce lawyers will not only work hard to achieve a favourable legal outcome, but they’ll also consider your emotional needs, future stability, and the legacy you wish to preserve for your children or family.

Our team of divorce lawyers at Williams Legal are approachable, responsive, and deeply committed to getting the best results for our clients. We pride ourselves on offering personalised legal service, tailored strategies, and transparent advice—every step of the way.

If you’re facing divorce—especially later in life—it’s important to seek the right legal advice early. Don’t navigate this complex process alone. A qualified divorce lawyer in Adelaide offers the support and knowledge you need to approach this chapter of life with confidence, clarity, and a sense of control.

Contact Williams Legal today to book a confidential consultation with an experienced divorce lawyer. Let us help you protect your future and make this life transition as smooth and fair as possible.