Grey divorce poses complexities and challenges for family lawyers

Australians over 50 are increasingly choosing to divorce at a time when the overall divorce rate is declining.

Published: 16 November 2025
  • national
  • 16 November 2025
  • Law Society Journal

Lawyers must contend with the causes, the complexities, and the challenge of working with clients who have emotional, financial, and cultural concerns. Then, there are the adult children with opinions and agendas to factor in.

The Australian Bureau of Statistics (ABS) indicates that the rate of divorce for Australians over 50 has increased over the past 30 years.

In 1990, only 13 per cent of divorces involved individuals aged 50 or older.

By 2020, the rate more than doubled to 27 per cent. Behind the increase in grey divorce, a multitude of influences may explain why over 50s are choosing to end their marriages.

Unlike 60+ years ago, divorce is no longer a societal taboo and marriage is not viewed as an eternal commitment “no matter what”.

National Seniors Australia points to factors like ‘empty nest syndrome’, financial pressures and the challenges in retirement, where two people are spending much more time together without children present.