Statistics make it increasingly clear that there is an upward trend in the so-called senior divorce or gray divorce, i.e., that which occurs at an advanced age.
It is enough to analyze the age of divorce in the last decade: if in 2013 only 27 percent of divorced people in Spain were over 50 years old, in 2021 we are already talking about almost 40 percent, according to data handled by the National Institute of Statistics (INE). However, there are important differences depending on age group, social class and gender. For example, between 2013 and 2021, divorces in which the woman was between 50 and 59 years old increased by 36 percent.
The number of divorces in which she was between 60 and 69 years old also increased by 41 percent, and the percentage shot up to 56 percent for women who were 70 years old or older.
The figures change when we talk about men, although the trend is identical: divorces in which the husband was between 50 and 59 years old grew by 25 percent; from 60 to 69 years old, 31 percent; and from 70 years old or older, double that (51 percent).
This is a trend that we contrast by analyzing the cases that come to our office, as I explain in this article for La Vanguardia, in collaboration with other experts in the field, as well as couples who have gone through a divorce at a mature age: we lawyers were not used to dealing with divorce cases of people aged 65 or even 70, while now we see them frequently.
We have to bear in mind that these decisions are not taken lightly: sometimes years go by from the time we first advise a client until the client makes the decision.
This is because many years of relationship, a life together, family and friendly ties, shared assets (especially housing) are at stake… Added to this is the fear of making the decision, which usually increases as we get older because the feeling of loneliness or lack of opportunities to rebuild our lives increases.
Advantages of senior divorce or gray divorce
All in all, divorce at an advanced age has great advantages: the maturity of both parties should be the main one, which will allow the couple to achieve a clean and conflict-free breakup. In addition, presumably both parties will be in a professional and economic situation that will allow them to rebuild their lives with some comfort, something that can be more difficult when we are, for example, in the midst of raising children, especially if one of the parties sacrifices part of his career to take care of them.
Of course, we must not forget that there are still many cases in which only one part of the couple generates income, or there is an abysmal difference in income between one and the other.
Precisely the offspring is another of the key points that potentially facilitate divorce at an advanced age.
The usual thing is that, when taking this decision in the mature age, the children have stopped being an economic and educational responsibility, and that they have already initiated their independent life.
In this way fights for the custody and distribution of expenses or alimony are avoided.
On the other hand, we must not forget the economic implications of a divorce: normally the woman is usually the most affected party because she is the one who mostly chooses to reduce her working hours or, directly, to abandon her working life to devote herself to the care of the family.
Added to this is the wage gap that still exists in our country.
For this reason, divorcing while raising a child tends to be more expensive for women, although, in general, a breakup always involves an economic imbalance for all parties: it is not the same to share expenses and live in the same property as having to pay for two separate homes, among many other things.
Fortunately, there are legal tools to compensate for the effects of this inequality caused by the breakup, such as the compensatory pension, which can be for life and is often a key resource for many women.
In any case, the most important thing is to try to reach satisfactory agreements for all parties, which are fair and lasting.
Reducing litigation and closing the divorce stage as soon as possible is the best way to allow the parties involved to rebuild their lives without bitterness and rancor.
From this space we thank La Vanguardia for its interest in this matter that is a trend in Family Law and that is of interest to the whole society.
If you need help in a separation or divorce proceeding, or simply want to get advice about your possibilities while you mature this type of decision. Contact our team of lawyers.
We will be pleased to guide you.
