One of the most notable divorce trends in the last few decades is the increase in breakups among spouses between 50 and 64 years old. Sometimes referred to as “gray divorce,” this phenomenon has not just been recognized here in the United States, but in other countries such as England, France and Belgium. People who are middle aged and beyond are much more likely to end their marriage now than a generation ago, even as the overall divorce rate declines.
Regardless of our marital status, aging means that we are more prone to serious health problems. Researchers in Europe decided to conduct a study to determine if a connection exists between gray divorce and healthcare issues. After reviewing data on more than 25,000 married couples over an 18-year period, researchers found that divorce rates remained relatively stable when both spouses maintained good health. Likewise, when husbands developed serious illnesses or faced activity limitations—but their wives remained healthy—marital dissolution rates did not rise in any statistically significant way.
In stark contrast, marriages where the wife developed a serious illness were about 60 percent more likely to end in divorce compared to those where both partners were healthy. Similarly, when wives encountered severe activity limitations—such as difficulty performing everyday tasks—their likelihood of divorce increased markedly, while analogous limitations in husbands had no significant effect on marital stability.
Medical problems often come without warning, and given the link shown in the study, family lawyers might take steps to prepare for divorces among older clients where a wife’s health is a contributing cause. It might be prudent to negotiate prenuptial or postnuptial agreements that address spousal maintenance adjustments in the event of a serious illness or injury. Property division discussions should contemplate the possibility that a party with ongoing healthcare concerns might not be able to support themselves financially. Given the emotional and physical toll of litigation on ill spouses, it might be wise to make every effort to work out a settlement if a couple in this situation decides to divorce.
Bryan L. Salamone & Associates, P.C. represents clients across Long Island in gray divorces and other types of New York marriage dissolution cases. For a consultation regarding the best way to protect your interests, please call 631-388-6009 or contact us online.