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Divorcing in later life: key considerations for separation

6 October 2025 | 2 minute watch

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Divorcing in later life: key considerations for separation
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Divorcing in later life: key considerations for separation

[Anisha Ramanathan]
There has been a recent trend in couples choosing to divorce later in life. It may be that the children have left home and you find you have less in common and you may want different things for your futures. Perhaps you both feel reasonably financially independent of each other.

[Catherine Tso]
These cases do throw up certain challenges. For example: How can you reach a fair division of assets after a long marriage, especially when your core years of earning a salary are coming to an end? If you have not had a paid job throughout the marriage, will you have enough monthly maintenance to maintain a reasonable standard of living? As you approach retirement, is it fair to expect you to provide maintenance payments?

[Anisha Ramanathan]
Separation of long marriages normally work out with equal share of the assets. The courts tend to prefer a clean break approach so we would advise you to capitalise your monthly needs so that you receive a reasonable lump sum which can be invested, to generate an income from that capital.

[Catherine Tso]
Depending on your circumstances, there may be properties which can be divided up or sold to meet the accommodation and daily expenses needs of both parties. It may be that selling the family home and downsizing is one solution.

[Anisha Ramanathan]
Division of pensions is an area that can cause friction – they often mean future financial security for the parties but can be a very highly emotional issue as after a long marriage, the value of the pension can be significant. We can advise you on the potentially complex law relating to dividing pensions and how to navigate contention. Sometimes it works out better if one party keeps the pension, and the other is suitably compensated from other marital assets.

[Catherine Tso]
Whatever you decide, we can help to find solutions to the future you want.

More couples are choosing to divorce later in life. In this video, we discuss the unique considerations for separation after a long marriage; from dividing long-held assets and pensions to ensuring financial security in retirement.

[Anisha Ramanathan]
There has been a recent trend in couples choosing to divorce later in life. It may be that the children have left home and you find you have less in common and you may want different things for your futures. Perhaps you both feel reasonably financially independent of each other.

[Catherine Tso]
These cases do throw up certain challenges. For example: How can you reach a fair division of assets after a long marriage, especially when your core years of earning a salary are coming to an end? If you have not had a paid job throughout the marriage, will you have enough monthly maintenance to maintain a reasonable standard of living? As you approach retirement, is it fair to expect you to provide maintenance payments?

[Anisha Ramanathan]
Separation of long marriages normally work out with equal share of the assets. The courts tend to prefer a clean break approach so we would advise you to capitalise your monthly needs so that you receive a reasonable lump sum which can be invested, to generate an income from that capital.

[Catherine Tso]
Depending on your circumstances, there may be properties which can be divided up or sold to meet the accommodation and daily expenses needs of both parties. It may be that selling the family home and downsizing is one solution.

[Anisha Ramanathan]
Division of pensions is an area that can cause friction – they often mean future financial security for the parties but can be a very highly emotional issue as after a long marriage, the value of the pension can be significant. We can advise you on the potentially complex law relating to dividing pensions and how to navigate contention. Sometimes it works out better if one party keeps the pension, and the other is suitably compensated from other marital assets.

[Catherine Tso]
Whatever you decide, we can help to find solutions to the future you want.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

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