Divorce in Your 50s
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What Are the Financial Considerations for Separation in your 50s?
Divorcing in your 50s is not the same as divorcing in your 20s or 30s. With retirement getting closer, pensions and living arrangements can all have a big impact on what life looks like after separation.
In England and Wales, the process for ending a marriage is the same whatever your age. The introduction of no-fault divorce means you no longer have to blame your ex or prove the marriage has broken down. You can apply on your own or together which, for many long-time-married couples, makes divorcing easier and less confrontational.
Once the application is in, there’s a 20‑week waiting period to give both sides time to make arrangements. After that, you can ask the court for a Conditional Order (previously known as Decree Nisi). Once another six weeks have passed, you can apply for the Final Order (previously known as Decree Absolute) bringing the marriage to an official end. Most couples wait until they have sorted out their finances before taking this last step. Once the Final Order is made, you can lose important pension rights if you don’t have a financial agreement in place.
It is at the financial stage that age can start to matter. Many older couples feel a deep uncertainty about what the future will look like after a divorce. With retirement looming, there is less time to rebuild savings and maximise pension contributions. The margin for error is smaller, which makes it all the more important to secure a fair financial settlement.
Why divorce after 50 is different
Even if retirement is still some years away, there are fewer working years left to earn and save when you’re over 50. For high-net-worth couples or someone with a good salary and pension, that might not be such a concern. But for someone who has spent much of their life looking after the home and raising children, the prospects of starting over can be daunting.
On top of that, many over-50s have think about:
- Health problems that can affect living arrangements or financial needs
- Adult children who, while legally independent, may still rely on parental support
- Complex property, business or investment arrangements built up over many years
- How to ensure assets are passed on as intended in the next stage of life
What’s at stake when dividing the finances?
When a marriage ends, the starting point for dividing finances is usually a 50–50 split of everything considered a matrimonial asset. This includes property, savings, investments, pensions and business interests, all placed into one shared “pot”.
However, that split is only a starting point. The final division is based on fairness and need, and many factors can shift the balance. The court will consider the capital and income each person has, their future financial needs, and the contributions each has made to the marriage. The court will also look at any benefits one spouse will lose as a result of the divorce.
In shorter marriages, one spouse may try to “ring‑fence” certain assets away from shared finances — for example, they might argue that an interest in their family’s business was never meant to be shared. In longer marriages (10+ years), it is usually much harder to keep assets separate from the marital pot. Anyone hoping to argue otherwise will need clear evidence to show why those assets should be treated differently.
What could happen to the family home?
In a divorce, the court’s priority is to ensure both parties are housed in properties that meet their reasonable needs. If one person has greater needs, for example, they have a disability or limited income that wouldn’t qualify them for rent or a mortgage, they may be allocated a larger share of the housing fund.
If there are not enough assets to buy two suitable homes outright, the family home may need to be sold. But what if there isn’t enough equity to rehouse both partners? Will either qualify for a new mortgage given their age and circumstances? These are the types of things the court will look at when deciding what is a fair financial split.
Where immediate rehousing is not financially possible, solutions can include a transfer of the property to one party in return for a larger share of pensions or other assets. The appropriate outcome will depend on available equity, each party’s income, and their overall housing needs.
How will you divide your pensions?
For divorcing couples over 50, pensions often outweigh even property in value. Defined benefit (or final salary) schemes are still common for this age group, and their value can be significant. And yet, research by Legal & General found that only 11% of divorcees over 50 took pensions into account.
Pensions can be divided up in various ways, most often using Pension Sharing Orders that transfer a share of one person’s pension into a separate pot for their ex-spouse, or pension off-setting where you keep your pension and trade-off another asset. Getting the sums right often requires input from a pension actuary.
Sometimes, one person needs access to pension funds sooner, so calculations need to reflect that for a fair result.
Spousal maintenance is more likely in later-life divorces
Spousal maintenance is more common in divorces after 50, particularly where one partner stayed at home to look after the family and has no reasonable prospect of re-entering the workforce. In these cases, the courts may award periodical payments to provide essential income for the financially weaker spouse.
For couples who have been married for many years, spousal maintenance may be awarded on a “joint lives” basis, meaning it continues until the death of either party or the remarriage of the recipient. But that is quite rare. The courts are increasingly cautious about long-term awards, and often favour a clean break where practical. This reflects a growing expectation that both parties should aim for financial self-sufficiency after divorce, usually with maintenance reviewed at retirement age.
Divorce in your 50s and children considerations
When the children are still minors
For couples in their 50s with school-age children, the first priority is deciding where they live and how time is shared. Parenting arrangements are usually agreed informally, but can be made through a formal Child Arrangements Order.
Financial settlements will also need to take into account your children’s needs — for example, making sure both parents have a home that is large enough for children to stay comfortably during visits.
When the children are adults
While parents may feel a strong moral duty to support adult children, the family courts do not consider their needs when dividing assets. This can sometimes cause conflict — one parent may argue for staying in a large home for the sake of adult children, while the other may prefer to preserve funds for retirement and rehousing, for example.
Every family is different, so it’s important to get advice that reflects your own situation and goals.
Estate planning and inheritance
One overlooked area in divorce over 50 is its impact on inheritance. Once you divorce, your ex‑spouse will no longer inherit under your will by default, and old appointments (like a Power of Attorney) will usually lapse. Be sure to update your pension nominations, life insurance policies and will to ensure your estate is distributed in line with your post-divorce wishes.
Divorce may also impact inheritance tax and how your estate is shared, so get advice if you have children, a new partner, or complex family arrangements.
How to navigate divorce over 50
If you are divorcing over 50 in the UK, getting the right advice can set your new future up properly. Start by gathering statements for mortgages, savings, investments, debts, pensions and jointly owned assets. This will ensure that you see the full picture before deciding on a fair settlement.
Where possible, try to resolve matters without going to court. Approaches such as mediation or collaborative law can reduce stress and often lead to agreements that both sides are more willing to stick to.
The family team at Osbornes Law has years of experience supporting people through a mid-life divorce. Our practical advice can help you make clear financial decisions and plan for the next stage with confidence. Get in touch to arrange a free, confidential chat with one of the family law team.
Speak to an expert
Whether you’re considering divorce at 50, worried about what divorce at 50 with no money might mean for your future, or exploring alternatives to divorce for older couples, our experienced team of divorce lawyers is here to help. We understand the unique challenges that come with later-life separation and can guide you through every stage-whether you want to avoid court, secure your finances, or simply understand your options.
For confidential advice tailored to your situation, call us today on 020 7485 8811 or complete our online enquiry form. Let us help you find the right path forward.
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“Osbornes handle a significant amount of complex, high-value divorce work.”
“The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”
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Claire has client care skills in spades and she is understanding and empathetic whilst keeping a focus on the right strategy.
Claire Andrews is one of the best of the younger crop of partners in London.
Lisa's substantial insight into financial disputes involving high-net-worth individuals is where her skills lie.
Yael Selig is bilingual in Spanish and English. She is the go-to person for divorce cases involving Gibraltar particularly, or Spain.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Lisa Pepper – one of the best mediators around, whose very reasonable rates don’t reflect her excellent client base
Lisa Pepper is a great go-to solicitor for anyone wanting quick and appropriate advice
Lisa Pepper at Osbornes is hugely approachable. She is calm, clients always praise her. Underneath her calm and approachable exterior is an excellent legal brain
I am confident that Lisa will do her utmost to try and settle matters so that both parties walk away feeling satisfied that they have managed to reach a fair outcome with the assistance of a professional mediator.
Lisa Pepper is robust, competent and knowledgeable and is always keen to try and help parties settle without intervention of the court.
Lisa Pepper is an outstanding mediator. She gets results in very difficult cases. She works extremely hard to get a good outcome for clients who mediate with her
Lisa Pepper- she has a great combination of skills. She is empathetic, approachable and calm, and has good legal judgment. She inspires confidence and trust
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from divorces. She is additionally skilled in Schedule 1 and other child arrangement matters.
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues.
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"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
I can’t think of anyone who would handle a mediation better than Lisa.
Lisa Pepper is extremely hard-working and adored by her clients. She is a very empathetic and approachable lawyer.
Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
"Lisa Pepper was recommended to me as non-nonsense and able to help me with a difficult and confrontational divorce. She more than lived up to that – she was practical, collected and always available with a clear opinion and suggestions of how to move forwards. She also was open and helpful about costs and how to mitigate them"
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
"Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."
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Lisa Pepper is extremely approachable and this shines through in the outcomes she achieves from mediation. She makes clients feel at ease, which enables them to feel empowered to resolve matters amicably and find a creative outcome which many mediators may have overlooked.
Lisa Pepper is building a very strong mediation practice at very competitive rates and is able to build a rapport quickly with almost anyone.
Lisa Pepper loves her work and has a very sensible head on her. That means her practice is thriving and rightly so.
Lisa Pepper is very thorough in her preparation and has super personal skills to put parties in mediation at ease
Lisa Pepper – good litigator, very friendly and approachable but tough, “straight bat” with the opposition. Can steer a client deftly to settle when he should.
"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
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"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from the dissolution of civil partnerships.
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
"Lisa Pepper is "caring and considerate of the issues behind a matter, and will speak directly if she feels clients need that advice."
"The very personable and client-focused Lisa Pepper."
"Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."
"Lisa can handle the large and complicated cases but takes equal care with the smaller cases. She is a highly skilled mediator who is a consummate professional."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."
"Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."
"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
"He never gives up. He fights for you to the end and has boundless energy."
Lisa Pepper is a skilled collaborative lawyer. Her instinct is always to resolve matters without compromising her clients’ interests.
Lisa Pepper is always looking for a solution and has a very sympathetic approach to clients. She is highly regarded for her collaborative law practice.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
Andrew handled a very complex, 3 year legal battle for me, with a tremendous amount of patience and professionalism. He is very approachable, always kept me up to date, by phone and e-mail, and responded very quickly to my queries with excellent advice, sound strategic thinking and strong letters to put the other side under pressure. With top contacts for barristers, joint experts and mediation.
Lisa Pepper deals with separation proceedings and leave to remove cases. Sources describe her as "a great person to work with: constructive, helpful and always infectiously happy.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
Mark Freedman represents high net worth clients in complex financial disputes. Sources say that "he's a determined negotiator who'll always do the very best for his clients.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
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