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  5. What is a Gray Divorce in Indiana?

What is a Gray Divorce in Indiana?

On Behalf of Dixon & Moseley, P.C. | Feb 5, 2025 | Uncategorized

Gray divorce is a term that refers to divorce of couples that are 50 or older. Gray divorces have become increasingly common since the 1990s. A gray divorce could come from couples with a long-term marriage, a late-in-life first-time marriage, or who are in subsequent marriages. Each gray divorce, like all marriages and divorces, presents their own unique challenges when it comes to separation. It’s important to remember that all divorces, regardless of the ages of the parties, involve many different considerations, such as family, splitting assets, and determining who bears liabilities. Nevertheless, it is also important to acknowledge a gray divorce presents unique challenges that are not present when a younger couple divorces, such as retirement accounts, grown children and grandchildren, and less time to recoup assets after a divorce. This blog looks at three considerations to keep in mind in a gray divorce.

Financial Considerations

With a later-in-life divorce the context of what’s important has changed. There is less focus on issues regarding children and more of a focus on the division of property. With gray marriages, long and short term, financial assets may be a complicated portion of the divorce proceeding. Especially when compared to younger divorce there is less time for either party to adjust to a change in income, bounce back from the divorce, and recoup assets. If you are married without a pre or post nuptial agreement, all assets become intertwined, and they must be calculated and sorted to properly separate in the divorce process. This is especially true with retirement accounts, which are one of the most valuable assets in a gray divorce. The retirement accounts will need to be presently valued and valued for the purpose of how they will affect future earnings. Additionally, the survivor rights of financial and business accounts must be addressed in the separation.

The financial considerations of a gray divorce do not stop at retirement accounts. Any value or interest one party holds in a business must be calculated and divided. Any social security benefits also must be addressed. If you are on your spouse’s insurance, that insurance coverage generally will remain through the pendency of the divorce. After the divorce is finalized, each party will generally be responsible for maintaining their own insurance policies. Additionally, potential spousal maintenance is a consideration in a gray divorce where one spouse is mentally or physically incapacitated or where one spouse was not employed outside the home for a significant portion of the marriage. Additionally, while with many gray divorces any children are adults and support is not an issue, however there may be divorces where college expenses for adult children may be a necessary portion of the dissolution.

Inheritance and Estate Planning 

With a gray divorce, issues arise regarding any estate or inheritance plans that have preciously been put into place. Many of which will need to be rewritten or otherwise reworked following the dissolution. First, both spouses will need to change any beneficiaries on any life insurance or any other important accounts that the spouse is on. While children are typically not a major focal point in gray divorces, they still should be considered especially as it pertains to estate planning.  Marital assets generally include assets owned before or during the marriage. Without a prenuptial or postnuptial agreement this may create issues with plans for certain assets to be reserved for prior born children. Additionally, following a gray divorce there is less time to grow assets for an estate following a dissolution than with a younger marriage. This may have an adverse effect on the value of the estate generally.  With estate planning it is generally important to remember to go back and revise any documents naming your spouse as a beneficiary after the divorce to make your new wishes for the disposition of your estate.

Personal and Family Considerations

With a gray divorce, especially when a long-term marriage ends, it is important to remember that this will have an effect on oneself, any adult children, and any grandchildren. At any age divorce can carry emotional challenges and it can take time to recover from the loss of a partner even in divorce. It can also be an adjustment from living with a partner to living alone. A divorce will also have an impact on family members. When addressing your divorce, it is best to have an open, honest, and sympathetic conversation. It is important to remember not to talk down about your spouse in front of your children, even if they are adults.

With the unique considerations and assets required in a gray divorce can make the process complex. As the process itself may be long and can become complicated, contacting an attorney familiar with gray or high asset divorces can help you navigate the process. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand the significance of gray divorces and the complexities surrounding same. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

How Indiana Courts Divide Retirement Accounts in Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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Recent Posts

  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
  • Failure to Object: When Is an Issue Waived?

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