Over the past two decades, the rate of divorce among adults aged 50 and older has steadily increased. This trend, often referred to as “gray divorce,” is reshaping the way older couples approach retirement, asset management, and estate planning. At Albin Oldner Law, our Frisco divorce attorneys have helped many clients navigate the unique challenges that come with divorce later in life.
Whether you’ve been married for decades or are in a second or third marriage, understanding the factors driving this shift—and how Texas law affects your rights—is key to making informed decisions about your future.
What is a gray divorce?
A gray divorce refers to the dissolution of a marriage between spouses over the age of 50. In many cases, these couples have been together for 20, 30, or even 40 years. While divorce at any age is emotionally and financially complex, gray divorces often involve added complications related to retirement, healthcare, estate planning, and adult children.
According to research from the Pew Research Center, the divorce rate for U.S. adults aged 50+ has nearly doubled since the 1990s. In Collin County and the greater North Texas area, our Frisco-based family law team has seen this reflected in a growing number of older clients seeking new beginnings.
What makes gray divorce different?
While every divorce is unique, gray divorces often involve distinct legal and financial issues, including the following.
Retirement account division
Retirement savings—such as 401(k)s, IRAs, pensions, and annuities—are often the largest marital assets. In Texas, retirement funds accumulated during the marriage are considered community property and are subject to equitable division under Texas Family Code § 7.001.
Dividing these assets often requires:
- Valuation of accounts and pensions
- A Qualified Domestic Relations Order (QDRO) to avoid tax penalties
- Financial planning to address post-divorce retirement readiness
Health insurance and long-term care
Many older spouses rely on the other’s health insurance, especially if they are not yet eligible for Medicare. Divorce may require finding alternative coverage through COBRA, private insurance, or Medicare supplements.
In addition, questions around long-term care funding—including assisted living or in-home care—must be addressed during divorce negotiations to protect future quality of life.
Social Security benefits
While Texas law doesn’t govern Social Security, it’s important to understand your rights. If your marriage lasted at least 10 years, you may be eligible to collect retirement benefits based on your ex-spouse’s record (without affecting their benefits). This can provide a critical financial safety net.
Real estate and downsizing decisions
The family home is often one of the most emotionally and financially significant assets. Options in a gray divorce may include:
- Selling the home and dividing proceeds
- One spouse buying out the other
- Continuing to co-own the property for a period of time
- Refinancing the loan into one party’s name
At Albin Oldner Law, we help clients weigh the pros and cons of each approach based on their age, income, and housing needs.
Estate planning revisions
After divorce, your estate plan needs immediate attention. That includes:
- Updating your will and trusts
- Revising powers of attorney and medical directives
- Changing beneficiaries on retirement accounts and insurance policies
Failure to update your estate documents could result in unintended consequences, such as an ex-spouse remaining as a legal beneficiary.
How Albin Oldner Law helps clients over 50 navigate divorce
Based in Frisco,TX Albin Oldner Law is deeply rooted in the North Texas community and understands how local courts approach complex divorce matters. We tailor our services to address the specific concerns of older adults by:
- Offering mediation and collaborative law solutions to avoid drawn-out litigation
- Crafting custom divorce strategies that protect retirement assets and estate plans
- Providing cost-effective representation without sacrificing high-quality advocacy
- Connecting clients with trusted financial advisors and tax professionals
Whether you’re considering divorce or have already begun the process, our experienced Frisco divorce attorneys are here to help you move forward with clarity, stability, and peace of mind.
Considering gray divorce in Frisco, TX?
Ending a long-term marriage is never easy, but it can be the beginning of a new chapter. At Albin Oldner Law, we handle each case with compassion, discretion, and professionalism. We take the time to understand your personal and financial concerns so that you can make confident decisions about your future.
Call (214) 423-5100 or contact us online to schedule a confidential consultation with a Frisco gray divorce attorney.
