PLM Family Law

Do courts determine alimony differently in a grey divorce?

When couples divorce later in life, there are unique financial considerations for each side to navigate. The matter of alimony (also known as spousal support or spousal maintenance) can further complicate an already delicate and sensitive process.

In a typical divorce, the court considers various factors like income and earning potential when making decisions regarding alimony. However, in a grey divorce, additional issues such as retirement and other late-life financial concerns may heavily influence the court’s spousal support decisions.

Retirement considerations

One significant factor in grey divorces is retirement. Many couples approaching or already in retirement have limited income streams. They might rely on pensions, Social Security, or other retirement savings. Courts will assess whether the spouse paying alimony has already retired or plans to retire soon. They also consider how the divorce will impact the retirement plans of both spouses. In many cases, a spouse who has been financially dependent for a long time may require more support to maintain their quality of life, especially when they have little opportunity to re-enter the workforce.

Healthcare needs

Another important consideration is healthcare needs. Older individuals often face higher medical expenses. If one spouse provided health insurance for the other during the marriage, courts may include health care costs when calculating alimony. This ensures the spouse needing support will still have access to necessary medical care.  Approaching Medicare eligibility plays a role here, too.

Overall, courts tend to approach alimony in grey divorces with an emphasis on fairness and maintaining a decent quality of life for both parties. They recognize the limitations older spouses may face in rebuilding their financial standing, and aim to ensure that the financial arrangements after divorce are sustainable, as much as possible, for both spouses as they enter their later years.