What is a Gray Divorce in Florida?
If you are considering divorce in Florida, you may have come across the term “gray divorce” in doing some basic internet research about the process you should expect, or in discussing your plans with friends or family members. But what is a gray divorce, and does this term apply to you? In short, the term “gray divorce” was coined by researchers at Bowling Green State University several years ago to refer to the rising rates of divorce among married adults over the age of 50. Those sociologists’ more recent research shows that the upward trend of gray divorces has continued into the present, and as of late 2024, “the share of currently divorced adults aged 65 or older has tripled since 1990.”
Older adults are getting divorced at rates that outpace younger adults, and at rates not seen before among older populations. This information is particularly important to consider in Florida, where there is a particularly high population of older adults, including those who are recently retired or long retired. If you are 50 or older and considering divorce, what do you need to know?
No Specific Laws Related to Gray Divorce
First, there are no specific legal implications for anyone considering a “gray divorce.” In other words, the same Florida laws that apply to younger adults getting divorced will apply to you. Under Chapter 61 of the Florida Statutes, your divorce case will involve one of the parties filing a petition for the dissolution of marriage, and the same eligibility requirements will apply: one of the spouses must have resided in Florida for the past six months (at least), and the filing spouse must be seeking a divorce on no-fault grounds (“irreconcilable differences”).
While the same Florida laws will apply to your case as anyone at another age getting divorced in Florida, it is important to know that there are common concerns for Floridians considering a gray divorce that do not always apply to younger adults.
Common Concerns for Older Adults Considering Divorce
What are some of the specific legal, sociocultural, and economic considerations that may be distinct for gray divorce filers? Gray divorce researchers and commentators suggest that older adults considering divorce think carefully about the following, and discuss the following issues in detail with their divorce lawyer:
- Dividing retirement assets between spouses who are currently relying on retirement benefits;
- Social Security retirement benefit impact;
- Family complications involved in informing adult children about plans to divorce;
- Florida alimony duration for long-term marriages;
- Complications of dividing a substantial estate of mostly marital assets and liabilities; and
- Inheritance issues.
Contact a Tampa Divorce Lawyer Today for Assistance
If you have any questions about the divorce process, or specific concerns about getting divorced after retirement, an experienced Tampa divorce attorney at The Law Office of Laura A. Olson, P.A. can speak with you today. We have years of experience representing Florida residents in the Tampa area with all aspects of divorce, and we can speak with you today about some of the particularities you will want to consider if you are thinking about divorce in your retirement years. Contact our firm today to learn more about how we can assist you.
Sources:
npr.org/2025/08/21/nx-s1-5507175/whats-behind-the-trend-of-so-called-gray-divorces
bgsu.edu/news/2025/02/innovative-gray-divorce-research-from-bgsu-professors-draws-national-interest.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
