Gray Divorce: Divorcing After 50 in Florida
Short answer: When Floridians divorce after 50, retirement accounts, pensions, Social Security and health insurance often matter more than anything else. Long marriages also affect alimony, though Florida no longer awards permanent alimony. Careful division of retirement assets, usually through a court order, protects both spouses' income for the years ahead.
Divorce among people over 50, sometimes called "gray divorce," has become far more common, and Brevard County, with its large retiree population, sees plenty of it. The legal steps are the same as any Florida divorce, but the priorities are different: there is less time to rebuild savings, and decisions about retirement income can last for decades.
Retirement assets come first
For many long-married couples, retirement accounts and pensions are the largest assets. The portion earned during the marriage is generally marital, regardless of which spouse's name is on the account.
- 401(k)s and similar plans are usually divided with a Qualified Domestic Relations Order (QDRO), which allows a transfer without early-withdrawal penalties.
- Pensions can be divided by a formula, or one spouse can keep the pension in exchange for other assets.
- IRAs are divided by a direct transfer incident to divorce.
- Military and federal pensions have their own rules and orders. See military divorce on the Space Coast.
Don't wait on the QDRO: A QDRO should be drafted and approved promptly. If a spouse dies or retires before the order is in place, the other spouse's share can be harder or impossible to recover.
Alimony after a long marriage
Florida changed its alimony law in 2023 and eliminated permanent alimony for new cases. For marriages of 20 years or more, durational alimony generally cannot last longer than 75 percent of the length of the marriage, and the amount is generally capped. The new law also addresses how a payor's planned retirement can affect support. See alimony in Florida after the 2023 reform for details.
Social Security
Social Security benefits are not divided by a Florida court. But federal rules may allow a divorced spouse to collect benefits based on an ex-spouse's work record if the marriage lasted at least ten years, the person claiming is at least 62 and unmarried, and certain other conditions are met. Timing a divorce around the ten-year mark can matter.
Health insurance and other practical issues
- A spouse covered on the other's employer plan may lose coverage after divorce; COBRA continuation can be expensive, and Medicare eligibility begins at 65.
- Wills, trusts, powers of attorney and beneficiary designations should be updated, since Florida law treats some designations to a former spouse differently after divorce.
- Adult children may feel caught in the middle, even though there is no parenting plan to negotiate.
In a later-life divorce, the question is not only how to divide what you have, but how to make it last.
When to talk to a lawyer
Retirement division, alimony and estate updates all need to fit together. Heather Harris Law represents Brevard County clients in divorce and can coordinate with financial advisors so the settlement supports the retirement you are actually planning.
Frequently asked questions
Is my pension marital property in Florida?
The portion of a pension earned during the marriage is generally marital property and subject to division, even if only one spouse earned it.
Can I still get permanent alimony after a long marriage?
Florida eliminated permanent alimony for new cases in 2023. After a long marriage, other types of alimony, such as durational alimony, may still be available.
Can I collect Social Security on my ex-spouse's record?
Possibly. Federal rules generally require that the marriage lasted at least ten years and that you are at least 62 and unmarried, among other conditions. The Social Security Administration decides eligibility.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.