In Canada, more and more couples over the age of 50 are choosing to separate, a trend often referred to as “grey divorce.” Unlike divorces earlier in life, these breakups come after decades of shared history, raising children, building careers, and planning for retirement together. When a marriage ends later in life, it isn’t just about dividing property, it’s about untangling a lifetime of finances, adjusting family relationships, and planning for a future that suddenly looks very different. With so much at stake, having the guidance of an experienced family law lawyer can help ease the transition.
Money Matters in Grey Divorce
After years of marriage, most couples have built up a mix of property, savings, and investments. Ontario law says that assets and debts acquired during the marriage are usually divided equally, but long-term marriages can make this tricky. Proving what should be excluded—like an inheritance or property owned before the marriage—can be difficult if old records are missing.
Retirement funds and pensions are also a big issue in a grey divorce. Employer pensions earned during the marriage need to be shared, and Canada Pension Plan (CPP) credits must be split as well. For many, this changes the retirement picture dramatically. On top of that, spousal support in long-term marriages is often ongoing, and courts weigh factors like age, income, and health to determine fairness.
Taxes can add another layer of stress. RRSPs, spousal support, and pension income all come with tax rules that may leave one spouse paying more. This is where legal and financial advice becomes critical.
The Emotional Toll of Divorce Later in Life
Grey divorce doesn’t just affect bank accounts, it also has an emotional impact. Many couples split after the kids have grown and moved out, which can lead to a feeling of emptiness and the realization that the marriage no longer brings happiness.
Even though adult children are old enough to understand, they may still struggle. Worries about inheritance, loyalty conflicts, or the need to mediate between parents can weigh heavily on them. At the same time, long-time friendships and social circles may shift, leaving one or both spouses feeling isolated. Rebuilding a support network later in life can take time and effort.
Health, Legal Plans, and What Comes Next
Ending a marriage later in life also brings health and legal concerns. A spouse who relied on their partner’s healthcare benefits may need to find new coverage, which can be costly and stressful.
Estate planning is another major consideration in grey divorce. Updating wills, beneficiary designations, and powers of attorney ensures that an ex-spouse doesn’t remain in control of decisions or inherit assets unintentionally.
For couples who never signed a prenuptial agreement, dividing property and deciding on support can be more complex. Even when an agreement exists, courts can step in to make sure a dependent spouse is properly cared for, especially if health issues are involved. A family law lawyer can help manage these issues to protect your future.
If You Are Considering a Grey Divorce or Separation, Call Scharff Nyland Chambers LLP for Compassionate Support
A grey divorce brings unique financial, emotional, and legal challenges, but the process becomes much easier with the right guidance. A family law lawyer can help divide assets fairly, ensure support arrangements are realistic, and update legal documents so your future feels more secure.
At Scharff Nyland Chambers LLP, our team has extensive experience guiding clients through the challenges of grey divorce, whether in Barrie, Collingwood, Wasaga Beach, or across the GTA. Give us a call at 1-866-721-5851, send us an email at reception@sncfamilylaw.com, or book a consultation on our website.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.
