Divorce Over 50: Addressing Unique Challenges for Grey Divorces in North Carolina

What you need to know if your next chapter starts with divorce

Divorce later in life — sometimes called “grey divorce” — is on the rise. More couples are separating after decades of marriage, often at a time when financial plans are deeply intertwined, retirement is approaching or already underway, and health coverage and estate matters carry greater significance. In North Carolina, individuals over 50 face unique legal and personal challenges during divorce that require thoughtful planning and experienced legal counsel.

At GHMA LAW, we understand that ending a long-term marriage isn’t just a legal process — it’s a full-life recalibration.

Retirement Assets and Division of Property

One of the most critical aspects of grey divorce is the division of retirement assets. IRAs, 401(k)s, pensions, and other qualified retirement accounts often make up the bulk of a couple’s wealth, and they must be divided equitably — not always equally — under North Carolina law.

Whether the accounts are in payout status or still growing, proper valuation and division is essential. This process often involves Qualified Domestic Relations Orders (QDROs) for dividing retirement plans, actuarial calculations for pensions or annuities, and tax strategy coordination to avoid penalties and protect future income. Mistakes in this area can have long-term consequences — especially if retirement is just around the corner.

Health Insurance and Medicare Considerations

Many spouses over 50 rely on their partner’s health insurance, especially if they’ve retired early or work part-time. After divorce, continued coverage under the same policy is not guaranteed.

For individuals not yet eligible for Medicare, this can create a gap in coverage. It’s important to consider COBRA continuation options and associated costs, marketplace plans for interim coverage, and the impact of spousal support on eligibility for health plan subsidies. These issues should be addressed before finalizing the divorce to avoid lapses or unexpected expenses.

Spousal Support at Midlife and Beyond

Longer marriages often involve greater financial interdependence. In North Carolina, the duration and amount of spousal support (alimony) depends on factors like income disparity, earning capacity, health, age, and standard of living.

If one spouse left the workforce to raise children or support the other’s career, they may be entitled to ongoing support. However, these awards are not automatic — they require careful presentation of evidence and a deep understanding of local court expectations.

Estate Planning and Beneficiary Updates

Divorce at midlife brings a critical need to revisit your estate plan. Wills, trusts, powers of attorney, and medical directives often name the spouse as a primary decision-maker or beneficiary — roles that may no longer be appropriate after a divorce. Updating these documents ensures that decision-making authority and future distributions reflect your new circumstances.

Additionally, many financial accounts and life insurance policies allow for direct beneficiary designations that override a will. These must be changed independently. Clients are often surprised to learn that divorce does not automatically remove a former spouse from an account or policy. Failing to make these updates can result in unintended inheritances or the wrong person making healthcare decisions on your behalf. An estate planning review is a vital step toward securing your autonomy and protecting your loved ones post-divorce.

Emotional and Lifestyle Adjustments

Grey divorce often comes with more than just legal hurdles. Adult children, blended families, and social identity shifts can add emotional weight to the process. Clients may feel isolated or overwhelmed, even when the divorce is amicable.

Having a steady, experienced legal team can help. At GHMA LAW, we focus not only on the legal outcome but also on helping clients feel supported and in control as they move forward.

Key Takeaways

Grey divorce often involves complex retirement and insurance considerations
Alimony may be appropriate in long-term marriages with income disparity
Estate planning updates are critical post-divorce
Healthcare coverage should be addressed before finalizing the divorce
Emotional readiness is just as important as legal preparation

GHMA LAW: Trusted Guidance for Later-in-Life Divorce

With decades of experience and board-certified specialization in family law, GHMA LAW understands the intricacies of grey divorce. Our Asheville-based team helps clients protect their financial future, navigate healthcare and estate planning needs, and find clarity in the most important transition of their lives. If you’re considering divorce over 50, trust GHMA LAW to provide steady counsel and strategic solutions — for now and for what’s next.