Divorce and New Beginnings in Later Life

19 January 2026

Divorce is no longer just a younger person’s issue.

“Silver splitters” - couples over 60 are increasingly ending their marriages:

• Divorces among those aged 65+ rose by almost 50% between 2004 and 2014.
• One in three divorces now involves someone over 50.

At the same time, many older adults are forming new partnerships, often choosing to live together rather than remarry. Cohabitation has grown steadily:

• 22.7% of couples in England and Wales were cohabiting in 2022, up from 19.7% a decade earlier.
• Less than half of couples are now married or in civil partnerships.

Cohabitation vs Marriage: The Legal Difference

While cohabitation can be a practical choice, it carries important legal and financial consequences:

• Inheritance Tax: Spouses and civil partners can inherit tax-free, but unmarried partners may face 40% tax on assets above £325,000.
• Pensions and Survivor Benefits: Many schemes pay survivor benefits only to spouses or civil partners.
• Timing Issues: These problems often only come to light when a partner is seriously ill, contributing to a rise in “deathbed marriages.”

Planning Ahead

Early planning is key to avoiding unexpected tax bills and financial hardship:

• Review wills and estate plans to reflect current circumstances.
• Consider financial protection and survivor benefits.
• Understand the implications for properties, savings, pensions, and children from previous relationships.

Why It Matters

For older couples, estates are often more complex, and personal choices carry significant financial consequences. Taking early action ensures that:

• Surviving partners are protected.
• Assets are preserved for intended beneficiaries.
• Later life transitions are less stressful and more secure.

Whether you’re married, cohabiting, or recently separated, it’s never too early to review your estate planning and financial arrangements. Call 01202 294411 or via our contact page: Contact Us AB Solicitors For Your Legal Needs

Further Information