Divorce in Your 70s: What You Need To Know
Contact
Lisa Pepper
Table of Contents
The Financial Considerations for Separation in your 70s?
Age is not a barrier to getting divorced, but separating after retirement adds extra layers of complexity. The more interlinked your finances, the more difficult it can be to separate them and move forward with your divorce.
You’re certainly not alone if you’re contemplating divorce in your 70s. Data from the Office for National Statistics reveals the number of men divorcing aged 65 and over increased by 23% between 2005 and 2015, while for women, the figure rose by an even more dramatic 38%.“Grey divorces” (a.k.a. splits after age 50) now represent one in four of all divorces, even as overall rates decline.
While anyone can divorce at any age, deciding to separate in later life requires careful consideration. Unlike younger couples, you don’t have the luxury of time to rebuild your financial position, and there can be practical challenges when dividing long‑held assets and commitments.
Taking the first steps to divorce over 70
There are no parenting arrangements to worry about when divorcing in your 70s, but that doesn’t mean the process is straightforward. In fact, the financial implications are often far more complex. You’re untangling a lifetime of shared finances, and each choice carries real weight for your future comfort and independence.
During this initial phase, it’s important to communicate clearly and honestly with your partner and wider family. Adult children and grandchildren can find late-life divorce particularly challenging. Talk to them about your personal feelings and what it could mean for your living arrangements and any inheritance expectations they might have.
One of the most stressful parts of divorce tends to be navigating finances. It’s highly recommended that you talk to a divorce lawyer about your financial settlement needs as soon as possible. Finances are divided up based on fairness and need in the UK. This is the case even if assets are held in one name or one partner made a greater financial contribution because the other stayed at home while the children were young.
Every couple is different, and there isn’t a one-size-fits-all solution. Your solicitor will help you understand what a fair outcome should look like and provide a bespoke solution for your situation.
Will I lose my pension?
For most older couples, pensions represent their largest asset after the family home – and sometimes even including it. You don’t always have to share your pension, but for divorcing couples over 70, it is more likely that one partner may be awarded some of the other’s pension and/or lump sum by the court.
What are the options?
There are various ways of sharing a pension, ranging from pension sharing (simple division) to offsetting, where one party keeps their pension in exchange for other assets of similar value. One spouse could keep the family home, for example. Our article explains the various ways a pension can be split.
Since pensions are high value, it’s a good idea to consult a pensions expert to help figure out the best option for dividing them. This is particularly important with final salary schemes, which can be extraordinarily complex to value fairly. The Pensions Advisory Group recommends investing in an actuarial report when pension values exceed £100,000. Your solicitor can point you towards the right experts.
State pension considerations
The basic state pension cannot be shared if your marriage or civil partnership ends. Certain extras like Additional State Pension (for those who reached pension age before April 2016) or the protected payment component of the new state pension, may still be shareable on divorce depending on what your record includes.
Your solicitor can help you work through the details as part of your overall financial settlement.
Pension inequality for women
It is a fact that most women see their household income fall as a result of getting divorced and the gap is particularly stark for older women. It’s often the case that an earlier generation of women has raised children and worked part-time, and so their pensions are affected. According to the Office for National Statistics, men aged 65 have more than double the pension wealth of women; for some couples, the man holds 90% of the family’s pension assets.
If this is your situation, it’s crucial to seek specialist advice. Your solicitor will ensure that any divorce settlement addresses these inequalities to achieve a fair outcome.
Where will I live after the divorce?
If there’s enough equity, the most straightforward solution may be to sell the family home and purchase two smaller properties outright. Mortgage lenders usually have an upper age limit as part of their eligibility criteria, so borrowing later in life can be difficult.
Alternatively, if one party wishes to remain in the home, equity release through a lifetime mortgage might provide a solution. There are pros and cons to this solution, and you should obtain specialist legal and financial advice to avoid potential tax liabilities, and to make sure your housing plans and inheritance plans for the next generation all fit together sensibly.
Tied up in these conversations is planning for potential future care needs. This may include discussions about how care costs will be funded and whether any provision should be made within the divorce settlement for these potential future expenses.
Spousal maintenance in over-70s divorces
Where one spouse has far less income than the other, the court can order regular payments to help them adjust to life after divorce. This is called spousal maintenance and it’s most common where one partner has been financially dependent during the marriage. When longer marriages break down, the goal is usually for both people to keep a similar standard of living after they separate.
The court can order maintenance until one of you dies but this is quite rare. Even for the over 70s, the court will aim to make financial arrangements that allow both parties to walk away with independence.
What to expect from your solicitor
Many older divorcing couples attempt to handle financial settlements themselves to reduce costs. While it’s always a good idea to agree things amicably between you, it’s just as important to have a solicitor working hard for your rights and exploring options that you might not have considered.
When you meet with a solicitor, you can expect them to ask questions to get a full picture of your situation, such as:
- Would a separation agreement suit you better than divorce, especially if you’re not planning to remarry?
- Do you both get a state pension, and can any part be shared?
- How can lifestyle equality be achieved? Is it fairer to split the pension, or to arrange maintenance payments instead?
- Will dividing assets affect your retirement plans or how you’ll fund later life and social care?
- Are there health concerns that could change your financial settlement?
- Can you afford to stay in your home, or will you need to explore other housing options?
- Do you need to update your will, power of attorney, or inheritance plans?
- Do you need help maintaining contact with grandchildren if family relationships become strained?
Getting legal advice during divorce doesn’t have to break the bank and can save you a lot of money in the long run by helping you get a fair settlement. The family law experts at Osbornes Law offer a free first consultation, where we’ll walk you through the divorce process and help you put a clear plan in place. Divorce doesn’t have to mean conflict, and we work hard to help you reach sensible, friendly agreements that honours your long marriage.
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
Share this article
“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.”
Accreditations
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.
"Lisa Pepper is good at making herself available to clients and has a real focus on finding pragmatic solutions."
"Lisa Pepper is a complete all rounder. Her mediation skills are second to none. She is kind and compassionate and knows the law inside out!."
"Lisa Pepper is ‘compassionate, supportive and committed to hear clients, with a very warm manner."
"Lisa Pepper is fantastic. She goes the extra mile for her clients and is a superb mediator."
"Osbornes has a hugely experienced mediation team with Andrew Watson, Bridget Thompson and Lisa Pepper who are able to offer financial and children mediation for a range of cases including those that are highly complex involving challenging clients."
"Andrew Watson is respected and tenacious in matrimonial finance. You would want him on your team."
"Lisa Pepper is fantastic with people and generates calm in her meetings to help clients give of their best."
"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."
"Lisa Pepper is an outstanding mediator. She is very skilled and has an empathetic and professional approach which is comforting for clients. She never imposes her own view but is even handed and provides helpful guidance to clients so that they can make empowered decisions"
"Lisa Pepper has built up a very impressive mediation practice. She is very engaging and easy to relate to. She embodies mediation in the sense that she approaches her case in a very non-judgmental fashion and can quickly gain the confidence of those with whom she is mediating"
"Lisa Pepper is a brilliant mediator who produces results. She is effective at resolving matters without the need for the parties to engage in expensive and protracted litigation"
"Lisa Pepper is a fantastic mediator. She is fair, robust when she needs to be, and finds a way of facilitating agreements in the hardest of cases. Her guidance is spot on. She has an approachable and constructive mediation style"
"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
"Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."
"He is really experienced and wise. He has a lovely manner about him and clients feel safe with him."
"Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”
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.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"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.”
Related InsightsVIEW ALL
17.7.2025Financial Remedies: Impact of Delay in Divorce Cases
What’s the risk of delaying my financial remedies claim? The financial remedies team at Osbornes Law acts for clients...
Read more- 4.7.2025
Standish v Standish: What Counts as Matrimonial Property?
Supreme Court upholds Court of Appeal decision In a landmark ruling handed down on 2 July 2025, the Supreme Court upheld an...
Read more - 13.6.2025
Women’s Divorce Rights
What Women Need to Know About Divorce Divorce can have significant consequences for women, particularly if they are not the...
Read more - 1.4.2025
Grey Divorce: How to Have A Good Separation...
More and more couples are choosing to part ways in their older years, when their financial affairs are at their...
Read more 
17.3.2025Selling a House in Divorce
A guide to amicably selling a house during divorce One of the biggest issues in divorce is what happens to...
Read more- 1.3.2025
Divorcing with Children: What Parents Need to Know
For decades, unhappy couples believed they should stay together ‘for the sake of the children.’ Society has moved away from...
Read more - 24.2.2025
How Are Finances Divided On Divorce?
Avoiding Misconceptions: How Are Finances Divided On Divorce? The financial remedies team at Osbornes Law advises divorcing clients across London...
Read more - 21.2.2025
Protecting Business Privacy in Divorce Financial Proceedings
Business owners: protecting privacy of confidential information in financial proceedings on divorce We represent many business-owners in financial proceedings on...
Read more - 16.1.2025
Divorce for Men Explained: Your Rights and Options
What Men Need to Know About Divorce Men and women have the same legal rights during divorce in England and...
Read more 
4.11.2024Anglo-French Divorce: Jurisdiction Guide
Anglo-French Divorce: which jurisdiction is right for you? It has been a year since we launched our Anglo-French department in...
Read more- 29.10.2024
Economic Disadvantage in Divorce: Can You Be Compensated?
Giving Up High Earnings: Can A Party Be Compensated For Economic Disadvantage? In financial remedies cases, the fact that one...
Read more - 24.10.2024
Can a Declaration of Trust Stand in Matrimonial...
Matrimonial Homes: Can A Declaration Of Trust Of Beneficial Ownership Stand? Resolving issues relating to ownership of the former matrimonial...
Read more - 23.10.2024
When Abusive Behaviour Affects Divorce Financial Relief
When is Abusive Behaviour Relevant To Financial Relief on Divorce? Domestic violence and other abusive behaviours are a contributing factor...
Read more - 25.9.2024
What Happens to Savings & Investments in Divorce?
Divorce often raises important questions about the division of assets, particularly savings and investments. Understanding what happens to these financial...
Read more - 23.9.2024
International footballer fails to comply with financial disclosure
UD v TQ: The importance of complying with financial disclosure Recent divorce case involving an unnamed international footballer is a...
Read more - 20.9.2024
Pension Attachment Order: A guide
Pensions are quite often valuable assets in a marriage. In some cases, they can be worth more than the family...
Read more 
1.9.2024Divorce in Your 50s
What Are the Financial Considerations for Separation in your 50s? Divorcing in your 50s is not the same as divorcing...
Read more- 27.8.2024
Pension Sharing Orders
Pension Sharing in Divorce With so many things to consider when dividing up your finances during a divorce or dissolution...
Read more - 20.8.2024
What is pension offsetting?
In this article, we will explore the concept of pension offsetting and how it can play a crucial role in...
Read more - 12.8.2024
NA v LA [2024] EWFC 113: Judge Orders Non-Court Dispute...
Financial Claims: Judges Can Order Parties To Attempt Non-Court Dispute Resolution As was expected, the court has been quick to...
Read more 
1.8.2024Matrimonial vs Non-Matrimonial Assets
Matrimonial vs Non-Matrimonial Assets in Divorce During a divorce, people often make the mistake of assuming that everything they own...
Read more- 1.8.2024
What is a Periodical Payments Order?
Periodical Payments Orders in Divorce Throughout the process of a divorce or when unmarried couples with children split up, numerous...
Read more - 1.8.2024
What is a Lump Sum Order?
A lump sum order is a crucial element of divorce settlements that can significantly impact the financial future of both...
Read more - 25.7.2024
What is a Property Adjustment Order?
A property adjustment order is a key legal mechanism used during a divorce to fairly divide property and assets between...
Read more
