Affordable. Accessible. Experienced.

Older couples have a rising divorce rate

On Behalf of | Jun 11, 2026 | Family Law |

Any couple can get divorced, at any age. Yet, who is choosing to get divorced is changing over time. Generally speaking, younger couples have seen their divorce rate go down in recent decades in the United States, while the rate has skyrocketed for older couples.

In general, the divorce rate has been declining for those who are under 45, while it has been rising for those who are over 45. When looking at Baby Boomers and others who get divorced much later in life, statistics demonstrate that the divorce rate has tripled for those over 65 years old.

What does this mean for modern divorce?

Age is an important issue to consider because it can change the focus of the divorce process. For younger couples, the focus is often on children. Many younger spouses need to split up child custody rights, etc. But older couples may be empty nesters without any minor children living at home, so they do not have to make these types of decisions at all.

At the same time, these older couples are getting closer to retirement. They have spent decades saving money and accumulating assets. They may need to divide ownership of a much higher level of marital property than is typically found with younger couples. So, the property division process can be more complicated than it might otherwise be.

For either age group, there are pressing issues when it comes to dissolving a marriage. It is important for couples who are going through this process to know exactly what legal rights and options they have available to them. Seeking legal guidance can help.