Grey divorce – Unpicking a lifetime of wealth, legacy and complexity

June 18, 2025

Divorce is never easy, but when it happens later in life after years of shared finances and family life, it is less about starting fresh and more about carefully untangling everything you’ve built together.

Grey divorce, as it is known, is on the rise. Increasingly, couples over fifty are choosing to part ways after long marriages, often at a stage when their financial affairs are at their most complex and their personal priorities have changed.

Sophisticated wealth structures mean deeper negotiations

After a long marriage, wealth is rarely straightforward. Property portfolios, private pensions, shareholdings, trust interests, family businesses and art collections are just some of the assets that may need to be valued, divided or protected.

For affluent couples, this is not just about ‘who gets what’, but how to divide what there is without unnecessary tax exposure, reputational risk or harm to long-term wealth planning.

The legal strategy must take into account everything from offshore holdings to succession plans, often involving other professional advisers such as accountants and private wealth managers.

Pensions – Often overlooked, frequently undervalued

In many grey divorces, pension assets can dwarf the value of the family home. And yet, they are still routinely ignored or underestimated in negotiations.

If you have a defined benefit pension or a large SIPP or SSAS, it’s important to know how to divide these fairly without putting your retirement plans at risk.

Pension sharing orders, cash equivalents, and lifetime allowance considerations must all be assessed carefully.

Future income and lifestyle preservation

Spousal maintenance in later-life divorce is not about short-term support, it is often about ensuring both parties retain a lifestyle close to what they enjoyed during the marriage, income permitting.

When one spouse has taken a backseat in business or career development, maintenance agreements may be structured to provide stability well into retirement.

The approach needs to be realistic and fair, taking into account how long the marriage lasted, each person’s financial situation, and any ongoing responsibilities, like helping adult children or supporting charities.

Adult children, inheritance and family dynamics

Even when children are grown, divorce can send shockwaves through the family.

There may be concerns about future inheritance, gifts already given, or responsibilities towards grandchildren.

Adult children may also be financially reliant, at university, on the property ladder, or involved in the family business.

Managing expectations and minimising disruption to family cohesion calls for discretion, clarity and often a trusted intermediary.

A sensitive legal approach can help preserve family relationships even as financial ties are redrawn.

Revisiting your estate planning and long-term objectives

Grey divorce is also a natural point to pause and reassess generally. Your Will, Lasting Powers of Attorney, insurance nominations and tax planning strategies may all need to change, and sometimes urgently.

It is also a chance to realign your estate planning with your revised priorities, whether that is intergenerational wealth transfer, charitable giving, or investment restructuring.

Discreet, decisive support through a challenging transition

Divorce later in life often means focusing on clarity, control and moving forward. With discreet, expert legal advice, you can manage this stage confidently, protecting your wealth, your legacy and your peace of mind.

If you are considering separation or divorce and would like expert advice, get in touch with Alison Green, Head of our Family and Relationship team.

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