A July 2026 data brief from Bowling Green State University's National Center for Family and Marriage Research, reported by The Baltimore Sun, finds the divorce rate for Americans 65 and older tripled between 1990 and 2021 — nearly quadrupling for women — even as divorce fell among younger adults. For California couples, gray divorce triggers complex division of retirement accounts under Cal. Fam. Code § 2610.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Bowling Green State University data brief documented rising divorce rates for adults 45+ from 1990 to 2021 |
| When | Published July 2026; data spans 1990–2021 |
| Where | United States (national data); analysis focused on California |
| Who's affected | Adults 45 and older, with the sharpest increase among those 65+ |
| Key finding | Divorce rate for the 65+ cohort tripled; the rate among women 65+ nearly quadrupled |
| Impact | Long-term marriage dissolutions raise stakes for pension, Social Security, and spousal support division |
Why this matters legally
Gray divorce concentrates the highest-value marital assets into the most legally complex property division a court can face. The Bowling Green brief, coauthored by sociologist I-Fen Lin, reports that the divorce rate for adults 65 and older tripled from 1990 to 2021, and researchers frame the trend as a phenomenon largely unique to Baby Boomers who married in an era of rising divorce acceptance.
Later-life divorces differ from younger splits in one decisive way: the assets at issue are almost always retirement accounts, pensions, home equity accumulated over decades, and Social Security eligibility. A couple divorcing at 68 after a 40-year marriage is not fighting over a starter apartment — they are dividing 401(k) balances, defined-benefit pensions, and the survivor benefits that determine whether each spouse can afford to retire. In California, a community property state, that division defaults to a 50/50 split of everything earned during the marriage, which makes the legal mechanics of splitting deferred compensation the central battleground.
How California law handles this
California treats retirement benefits earned during marriage as community property subject to equal division under Cal. Fam. Code § 2610, which directs courts to divide the community interest in pension and retirement plans. This is the statute that governs the single largest asset in most gray divorces.
Dividing a retirement plan requires a Qualified Domestic Relations Order (QDRO), a separate court order that instructs a plan administrator to pay a portion of one spouse's retirement benefit directly to the other. Without a properly drafted QDRO, a divorce judgment alone does not compel a 401(k) or pension plan to release funds to a former spouse. For couples in their 60s and 70s, a QDRO error can permanently forfeit tens of thousands of dollars in survivor benefits.
Spousal support in long-term marriages carries additional weight. Under Cal. Fam. Code § 4336, a marriage of 10 years or longer is presumed to be of "long duration," and California courts retain jurisdiction to order spousal support indefinitely rather than for a fixed term. A 40-year marriage ending at age 68 almost always qualifies, meaning the lower-earning spouse may receive ongoing support that a court can revisit for years. Courts weigh the Cal. Fam. Code § 4320 factors — including each spouse's earning capacity, age, and health — which take on outsized importance when both parties are near or past retirement age and have limited ability to re-enter the workforce.
California also recognizes reimbursement claims under Cal. Fam. Code § 2640 when one spouse contributed separate property — such as a pre-marriage inheritance or a home owned before the wedding — toward community assets. In decades-long marriages, tracing these contributions back through 30 or 40 years of commingled finances is one of the most contested and document-intensive parts of a gray divorce.
Practical takeaways
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Order a QDRO early. If your divorce involves a 401(k), pension, or 403(b), the Qualified Domestic Relations Order must be drafted, approved by the court, and accepted by the plan administrator. Under Cal. Fam. Code § 2610, the community interest is divisible, but the QDRO is what actually moves the money — start it as soon as the case opens.
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Confirm Social Security eligibility before finalizing. If your marriage lasted 10 years or longer, you may claim Social Security benefits based on your ex-spouse's earnings record without reducing their benefit. This federal rule aligns with California's 10-year "long duration" threshold under Cal. Fam. Code § 4336.
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Value pensions with an actuary, not a guess. Defined-benefit pensions require professional valuation to determine the community share. A wrong valuation on a pension paying $4,000 a month for life can cost a spouse hundreds of thousands of dollars over a normal life expectancy.
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Gather separate-property documentation now. To pursue a Cal. Fam. Code § 2640 reimbursement claim for inheritances or pre-marriage property, you need records tracing those funds. In a 40-year marriage, locate account statements, deeds, and probate documents before they become impossible to recover.
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Address health insurance and survivor benefits. Divorce ends a spouse's eligibility under the other's employer or Medicare-supplement coverage. Plan for COBRA continuation, Medicare enrollment timing, and whether pension survivor benefits should be preserved as part of the settlement.
If you are 55 or older and considering divorce in California, the stakes around retirement accounts, pensions, and long-term spousal support are high enough that professional guidance is worth seeking before you file. A family law attorney familiar with QDROs and long-duration marriages can help protect the assets you spent a lifetime building.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.