New York Times Report: Gray Divorce Continues to Rise

Recently, The New York Times reported that the number of gray divorces continues to rise in the United States. When older couples get divorced, there are often some unique challenges that must be considered and resolved. At Lindamood & Robinson, P.C., we have the knowledge and family law experience to handle gray divorce cases. Here, our Houston divorce attorney discusses some of the unique considerations that older Texans face when they get divorced.

The New York Times Reports That Gray Divorce Remains Common

The New York Times recently highlighted the continued prevalence of “gray divorce,” meaning divorce among adults age 50 and older. The Times reported that gray-divorce rates rose sharply over the last several decades. Notably, it doubled between 1990 and 2010. Although every later-life divorce is different, these cases frequently involve financial issues that are often less significant in divorces involving younger spouses. A couple may have accumulated decades of retirement savings, substantial home equity, investment assets, business interests, and separate property. Spouses also have far less time remaining in the workforce to recover financially after their estate is divided.

Three Big Challenges in Gray Divorce in Texas

#1: Retirement Accounts and Pensions Require Special Attention

Retirement assets are frequently among the most valuable property interests in a Texas gray divorce. Texas generally presumes property possessed by either spouse during or upon dissolution of the marriage to be community property, subject to proof that some or all of an asset is separate property. That means a 401(k), pension, IRA, or similar account may contain both community and separate components when contributions or benefits accrued both before and during the marriage. Defined-benefit pensions can present additional valuation issues. Dividing certain retirement savings may also require a qualified domestic relations order (QDRO). 

#2: Long Marriages Can Make Property Characterization and Tracing More Complex

Gray divorces are more likely to be long marriages. That history can make distinguishing community property from separate property substantially more difficult. Separate property can include property owned before marriage and property acquired during marriage by gift or descent, but Texas imposes a presumption in favor of community property. The spouse asserting a separate-property characterization generally must overcome that presumption by clear and convincing evidence.

#3: Future Income, Spousal Maintenance, and Social Security Matter

Finally, later-life divorce also requires careful consideration of each spouse’s post-divorce income. Texas statutory spousal maintenance is not automatic, even after a long marriage. Subject to other statutory requirements, a spouse from a marriage lasting at least ten years may qualify when that spouse lacks sufficient property to meet minimum reasonable needs and lacks the ability to earn sufficient income to meet those needs. 

Contact Our Houston Gray Divorce Attorney Today

At Lindamood & Robinson, P.C., our Houston gray divorce lawyers provide compassionate, reliable, solutions-focused guidance and support to clients. If you have any questions about a gray divorce, we are here to help. Please do not hesitate to contact us today to set up a strictly confidential case evaluation. With an office in Houston, we handle gray divorce throughout the region in Southeast Texas.

Source:

nytimes.com/2026/06/22/well/family/gray-divorce-empty-shell-marriage.html