Divorce later in life, often called “gray divorce,” presents a set of challenges that differ from those faced by younger couples. When couples over 50 decide to end their marriage, they bring decades of shared history, financial entanglements, and family dynamics into the process. Gray divorce often focuses less on parenting schedules and more on dividing retirement assets, determining support obligations, and protecting health care access. These issues can have a lasting impact on both spouses’ financial security and quality of life moving forward.

At Boroja, Bernier & Associates, we have seen firsthand how complex gray divorces can become for Michigan residents. We know that when clients approach us during this stage of life, they are not just asking about dividing property but also about preserving stability during retirement. Our role is to guide clients through the process under Michigan law, ensuring that both their rights and their long-term interests are protected.

Division Of Marital Property Under Michigan Law

Michigan follows the principle of equitable distribution in divorce. The court is empowered to divide marital property in a manner that is “just and reasonable.” For older couples, this often means that pensions, retirement accounts, and investment portfolios are subject to division. The court will distinguish between marital and separate property, but assets accumulated during the marriage are usually considered marital, even if titled in only one spouse’s name.

We frequently work with clients to value retirement accounts such as 401(k)s or pensions. These accounts may require a Qualified Domestic Relations Order (QDRO) to divide them without triggering taxes or penalties. Failing to address these accounts properly can result in significant financial loss, making this one of the most important steps in a gray divorce.

Spousal Support And Long-Term Considerations

Spousal support, also known as alimony, often plays a larger role in gray divorce. Under MCL 552.23 et seq., the court may award spousal support if it finds that one spouse is in need of support and the other spouse has the ability to pay. Factors typically include the length of the marriage, the standard of living established during the marriage, the age and health of each party, and the ability to work.

For older couples, one spouse may have spent decades outside the workforce raising children or supporting the family in non-financial ways. Re-entering the workforce at an older age may be unrealistic. Spousal support can become critical for maintaining financial stability. We help clients understand how the court may weigh these factors and advocate for fair support arrangements.

Health Care And Insurance Issues

One of the most pressing concerns for clients over 50 is access to health insurance. If one spouse has been covered under the other’s employer-sponsored health plan, divorce can jeopardize that coverage. While COBRA may provide temporary coverage, it is often costly. Planning for health insurance after divorce is essential, particularly for spouses not yet eligible for Medicare.

This issue demonstrates why it is so important to view gray divorce not just as the end of a marriage but as a financial restructuring that can affect retirement and health security. We work closely with clients to explore options and factor insurance costs into negotiations.

Estate Planning After Divorce

Divorce also requires updating estate plans. Beneficiary designations on retirement accounts, life insurance, and wills must be reviewed. Under MCL 700.2807 et seq. of the Michigan Estates and Protected Individuals Code, divorce automatically revokes beneficiary designations to a former spouse: However, it is important to update documents to avoid confusion. We remind clients that estate planning after divorce is just as important as the divorce itself in protecting future interests.

Emotional And Family Dynamics

In addition to financial and legal concerns, gray divorce often impacts family relationships in unique ways. Adult children may feel caught between their parents or pressured to take sides. In some cases, issues of inheritance and future caregiving arise. We understand that gray divorce is not just about property—it is also about preserving family relationships and setting the stage for healthier interactions in the future.

FAQs About Gray Divorce In Michigan

How Is Retirement Income Divided In A Michigan Gray Divorce?

Retirement accounts and pensions earned during the marriage are usually considered marital property. Courts divide them equitably under Michigan law, often requiring a Qualified Domestic Relations Order (QDRO) to avoid taxes or penalties.

Can I Be Required To Pay Spousal Support If I Am Retired?

Yes, courts can order spousal support even if you are retired. The court will look at your income sources, such as pensions, Social Security, or investment income, to determine whether you can pay.

What Happens To Social Security Benefits After Divorce?

While Michigan courts cannot divide Social Security directly, federal law allows divorced spouses married at least 10 years to claim benefits based on the other spouse’s earnings record, without reducing the other spouse’s benefits.

Do We Need To Sell The Family Home?

Not necessarily. The court may order the home sold and proceeds divided, or one spouse may buy out the other’s share. In long-term marriages, the court carefully considers fairness, financial ability, and practicality when deciding how to handle the marital home.

How Does Divorce Affect My Estate Plan In Michigan?

Under MCL 700.2807, divorce revokes provisions in wills and beneficiary designations favoring a former spouse. However, it is still important to update estate planning documents such as powers of attorney, trusts, and health care directives after divorce.

Can We Mediate A Gray Divorce Instead Of Going To Court?

Yes, mediation is often a useful option for older couples who want to preserve privacy and reduce conflict. Mediation allows both spouses to work out an agreement with the help of a neutral mediator rather than relying on the court to decide.

Is Health Insurance Addressed In A Gray Divorce Settlement?

Yes, health insurance is a critical issue. If one spouse is losing coverage, the cost of COBRA or private insurance may be factored into spousal support or property division negotiations.

Contact Boroja, Bernier & Associates To Schedule A Consultation

At Boroja, Bernier & Associates, we know how important it is to protect your financial security and peace of mind during a gray divorce. With offices in Troy and Shelby Township, we serve clients throughout Oakland County and Macomb County.

If you are considering divorce later in life and need trusted legal guidance, call the Shelby Township divorce attorney at Boroja, Bernier & Associates by calling 586-991-7611 to schedule a consultation. We are here to help you secure your future and move forward with confidence.