Gray Divorce in Illinois: What Older Couples Need to Know Before Splitting Up
As a divorce attorney in Schaumburg, I’ve worked with many clients who are ending long-term marriages later in life, what we now refer to as “gray divorce.” This term applies to couples typically over the age of 50 who decide to divorce after decades of marriage. Divorce is never simple, but when it happens later in life, there are specific legal and financial concerns that must be addressed. Retirement assets, health care, Social Security, and spousal maintenance are just a few of the complex issues older couples must consider. If you’re thinking about ending your marriage after many years, it’s essential to understand how Illinois law applies to your situation.
Illinois follows a no-fault divorce system, which means you don’t need to prove wrongdoing to get a divorce. Instead, under 750 ILCS 5/401, the only grounds required is that the marriage has irretrievably broken down due to irreconcilable differences. Even though the process may seem straightforward, gray divorces often involve large marital estates, pensions, and emotional investments that make the legal side more challenging. My role is to help you protect your future while making informed decisions as you start a new chapter of your life.
Dividing Retirement Accounts And Pensions
One of the most critical aspects of a gray divorce is dividing retirement benefits. Illinois considers retirement accounts, including pensions, 401(k)s, and IRAs, as marital property if they were earned during the marriage. Under 750 ILCS 5/503, all marital property must be divided equitably, not necessarily equally. That means the court looks at several factors to determine what’s fair, including the length of the marriage, each party’s contributions, and the economic circumstances of both spouses.
To divide retirement assets, we often use a Qualified Domestic Relations Order (QDRO), which allows for the division of pensions and retirement accounts without triggering taxes or penalties. Failing to properly prepare and file a QDRO can result in serious financial loss, which is why I carefully review every retirement account to ensure that my client’s interests are protected.
Spousal Maintenance (Alimony) For Long-Term Marriages
Spousal maintenance is often a major issue in gray divorce. Illinois courts have discretion when awarding maintenance, especially in long-term marriages where one spouse may not have worked or contributed financially in recent years. According to 750 ILCS 5/504, the court will consider several factors, including:
- The duration of the marriage
- The age and health of each spouse
- The income and property of each party
- The standard of living established during the marriage
- The present and future earning capacity of both spouses.
For marriages lasting 20 years or more, the court may award maintenance for a period equal to the length of the marriage or for an indefinite term. As your attorney, I work to ensure that maintenance awards are fair, whether you’re seeking support or being asked to pay it.
Healthcare And Insurance Concerns After Divorce
Many older adults rely on their spouse’s employer-provided health insurance. Once a divorce is finalized, that coverage usually ends. If you’re under the age of 65 and not eligible for Medicare, you’ll need to secure your own health insurance. This can become a significant financial burden if you haven’t planned for it.
I help clients explore options for continued coverage, including COBRA or private insurance. In some cases, the cost of health insurance may be considered when negotiating maintenance or dividing assets. These decisions can directly affect your financial security, so I make sure we account for them early in the process.
Social Security Benefits And Divorce
Illinois courts do not divide Social Security benefits in a divorce, as they are governed by federal law. However, you may still be entitled to spousal benefits if you were married for at least 10 years, are currently unmarried, and are at least 62 years old. You can collect benefits based on your ex-spouse’s work history without reducing their benefit amount.
While this isn’t something we litigate directly, I always make sure my clients are aware of their options with the Social Security Administration. Understanding these benefits is a crucial part of planning for your post-divorce financial future.
Estate Planning And Updating Legal Documents
After a divorce, especially one later in life, it’s important to revisit your estate plan. Beneficiaries on retirement accounts, life insurance policies, and wills often need to be updated. If you no longer want your former spouse making medical or financial decisions on your behalf, you’ll need to change powers of attorney as well.
Although this step happens after the divorce is finalized, I guide my clients through the legal updates they should make to protect their wishes moving forward.
FAQs About Gray Divorce In Illinois
What Makes Gray Divorce More Complicated Than Divorce At A Younger Age?
Gray divorces often involve complex financial matters, including retirement accounts, pensions, real estate holdings, and long-term spousal maintenance. There may also be emotional investments in shared assets like a family home or family business. Because of the financial entanglements built over a long marriage, separating those interests can be more legally and emotionally challenging.
Can I Still Get Spousal Support After 30 Or 40 Years Of Marriage?
Yes. Under Illinois law, long-term marriages, generally over 20 years, can result in indefinite spousal maintenance. The court will examine both spouses’ earning capacities, health, and standard of living. Whether you are requesting or defending against maintenance, having a detailed financial record is critical.
Will My Spouse’s Retirement Accounts Be Divided If We Divorce After Retirement?
Possibly. If any portion of the retirement account was earned during the marriage, it’s considered marital property and subject to equitable division under Illinois law. Even if your spouse is already receiving distributions, the court may allocate a percentage to you. We typically use a QDRO to divide retirement benefits properly and without penalty.
What Happens To The Family Home In A Gray Divorce?
The court may award the home to one spouse, order it to be sold, or allow one spouse to stay in the home for a period of time before selling. If there are no minor children involved, the decision is usually based on financial needs, the value of the property, and each party’s ability to maintain the home post-divorce.
Does Divorce Affect My Medicare Or Social Security Benefits?
Divorce does not affect your eligibility for Medicare. For Social Security, if your marriage lasted at least 10 years and you are not remarried, you may be eligible for benefits based on your former spouse’s record. This can be especially helpful if you earned less over the course of your career or did not work outside the home.
Do We Still Need To Go To Court If We Agree On Everything?
Yes. Even in an uncontested gray divorce, the court must approve the marital settlement agreement and enter the judgment of dissolution of marriage. I often work with couples who have reached agreements to draft the required documents and ensure the process moves efficiently.
What Should I Do If I’m Financially Dependent On My Spouse?
If you’ve been financially dependent during a long-term marriage, you may be entitled to spousal maintenance and an equitable share of marital property. I work closely with financial professionals to determine what support is necessary and present those findings to the court.
How Can I Prepare For A Gray Divorce?
Start by gathering financial documents, account statements, property records, and any prenuptial or postnuptial agreements. Knowing where you stand financially helps me advocate for a fair resolution. It’s also helpful to make a list of your concerns and future goals so we can structure your case with those priorities in mind.
Call The Law Office Of Fedor Kozlov To Protect Your Future In A Gray Divorce
At the Law Office of Fedor Kozlov, I understand that ending a long marriage is a deeply personal decision, and one that comes with serious financial and legal considerations. My role is to protect your rights, ensure fair treatment, and help you build a secure future as you move forward. Whether you are the spouse initiating the divorce or responding to it, you don’t have to go through it alone.
Contact our Chicago divorce attorney at (847) 241-1299 for exceptional legal assistance and to schedule a consultation. We represent clients in Schaumburg and throughout the greater Chicago area with skill, clarity, and care.
