Silver splitter divorce – silver separation lawyer

Recent studies show a sharp rise in divorces among couples over 50, commonly referred to as “grey divorces.” This phenomenon is driven by various social, psychological, and demographic factors.

First, people are living longer, and with life expectancy now extending well into the 80s or beyond in many developed countries, individuals reconsider spending decades with a partner they may have outgrown.

Second, with children grown and financial stability more established, older adults often feel freer to make changes in their lives, including ending an unsatisfying marriage.

Third, the stigma surrounding divorce has diminished considerably, and personal happiness and self-fulfillment have become key values, even in the later stages of life.

Furthermore, the digital age and access to new relationships through social media and dating apps have encouraged many to seek romantic reinvention.

A silver separation is often significantly more complex than a divorce between younger couples. One major issue is asset complexity. By the time people reach their 50s or 60s, they often own:

• Multiple real estate properties, including vacation homes
• Pensions or retirement plans with international dimensions
• Investment accounts or trusts
• Businesses or professional practices
• Life insurance policies

Each of these assets may be subject to different treatment under varying legal systems. In France, the legal framework surrounding marital property is often governed by the chosen matrimonial regime (community property vs. separation of assets), while in the UK or US, equitable distribution or community property laws might apply. Disparities in these systems can lead to vastly different financial outcomes, making expert legal guidance essential.

Additionally, taxation of retirement assets and pensions varies by jurisdiction, as do inheritance laws.

For example, France mandates reserved shares for children, while common law countries offer more testamentary freedom. Grey divorces often require strategic planning to navigate overlapping legal systems, asset division, and estate planning.

Age introduces several crucial variables into legal decision-making. Courts must consider health, retirement status, income potential, and overall financial independence. For instance, in France, courts may grant a “prestation compensatoire” — a spousal maintenance aimed at reducing economic disparity post-divorce — which often takes into account the ability to work, health conditions, and length of marriage.

In contrast, in common law countries, spousal maintenance or alimony may be awarded monthly or indefinitely, especially when one spouse has little earning capacity. With limited time left before or after retirement, courts tend to focus more on providing immediate financial stability than expecting individuals to “start over.”

This is particularly critical in cases involving a dependent spouse who may have sacrificed a career for family duties or followed their partner internationally.

While adult children are not typically involved in custody decisions, they play an indirect but powerful role in late-life divorces.

Emotionally, grey divorces can be destabilising for adult children who were raised with the assumption that their parents’ union was permanent.

Legally, the presence of adult children can influence estate planning, asset division, and even spousal support if the couple has funded higher education or gifted property.

In France, the concept of “réserve héréditaire” means children are legally entitled to a portion of their parents’ estate, which may complicate post-divorce arrangements, particularly when one parent wants to remarry or redirect inheritance assets.

Expats or couples who have resided in multiple jurisdictions must determine which country has legal authority (jurisdiction) to oversee their divorce. This decision is rarely straightforward.

Under EU Brussels II bis Regulation (for proceedings before Brexit), jurisdiction might depend on habitual residence. For non-EU jurisdictions, multiple factors are considered:

• Where the couple last lived together
• Nationality of the spouses
• Location of major assets

For instance, a French national married to a Canadian citizen, with property in France and Canada, may initiate divorce proceedings in either jurisdiction depending on residency. However, where the divorce is filed can determine whether civil or common law governs property division and spousal support.

Filing in France may favour a more compensatory, lump-sum approach (“prestation compensatoire”), while filing in the UK may allow for longer-term support and equitable distribution.

Spousal support, also known as alimony or maintenance, is often one of the most contentious elements of a silver splitter divorce.

This is especially true in long-term marriages where one spouse may have sacrificed career growth or financial independence to support the family. In common law jurisdictions, there are typically three types of spousal support:

1. Temporary (pendente lite): Granted during the divorce proceedings.
2. Rehabilitative: Designed to help a spouse become self-supporting.
3. Permanent: Awarded after long marriages, especially when one party is unlikely to regain financial independence.

In France, the concept of “prestation compensatoire” is the closest equivalent. This lump sum payment (occasionally periodic) is intended to compensate one spouse for disparities in living standards resulting from the divorce. French courts consider:

• Duration of the marriage
• Age and health of the spouses
• Professional qualifications and career sacrifices
• Financial situations and expected incomes

Calculation becomes more complex when multiple legal systems are involved.

For instance, an American spouse divorcing a French partner while living in Switzerland might find conflicting legal standards for determining the amount and duration of the maintenance.

Common law systems typically use formulas considering:

• Length of the marriage
• Standard of living during the marriage
• Age, health, and earnings

French law applies a more subjective evaluation. The prestation compensatoire is not based on fixed formulas, but on achieving equity post-divorce. Courts avoid creating life-long dependency and are mpre incline to set-up lump-sum settlements.

Cross-border implications may include:

• Taxability: maintenance may be tax-deductible in one country but not another.
• Enforcement: A UK court order may need to be validated in France.
• Currency conversion and inflation adjustment

Experienced legal counsel is essential to draft enforceable agreements across jurisdictions.

If the spouse responsible for maintenance relocates to another country, enforcement can be tricky. France participates in several international agreements (like the Hague Maintenance Convention) that allow cross-border enforcement of family support orders.

However, practical challenges include:

• Finding the individual and their assets
• Currency issues
• Varied willingness of foreign courts to enforce foreign judgments

In the US, state agencies can help enforce support orders internationally through bilateral agreements. UK and EU enforcement is still viable post-Brexit, but requires additional documentation.

For late-life divorces, lump-sum settlements often reduce uncertainty and ongoing entanglement. They:

• Offer closure
• Simplify tax reporting
• Avoid enforcement problems later

However, risks exist:

• The receiving spouse may outlive the value of the sum
• Investment mismanagement or inflation

Particularly in cross-border cases, lump-sum agreements must be carefully structured to protect both parties from financial shocks and legal disputes.

Courts can impute income based on past earnings, qualifications, or lifestyle. Forensic accountants may be brought in. Cross-border divorces complicate matters when income is earned through international companies, offshore accounts, or held in tax havens.

Legal remedies include:

• Court-ordered disclosures
• Financial penalties
• Reassessment or annulment of agreements