Divorce among Americans 65 and older has tripled since 1990 — and nearly quadrupled for women — even as the overall U.S. divorce rate hit a 50-year low, according to a July 3, 2026 Baltimore Sun analysis of Bowling Green State University data. For Californians divorcing after decades of marriage, community property division under Cal. Fam. Code § 2550 and long-term spousal support under Cal. Fam. Code § 4336 carry outsized financial stakes.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Divorce rate for Americans 65+ tripled from 1990 to 2021; nearly quadrupled for women |
| When | Analysis published July 3, 2026; data spans 1990–2021 |
| Source | Baltimore Sun, citing Bowling Green State University research |
| Who's affected | Adults 65 and older, especially older women |
| Key finding | Food insecurity and disability rise in the divorce year and stay elevated 6+ years |
| California statutes | Fam. Code § 2550 (equal division), § 4336 (long-term support), § 2610 (retirement) |
Why this matters legally
Gray divorce concentrates the highest-stakes financial questions in family law: dividing 30 or 40 years of accumulated retirement savings, home equity, and pensions between two people who have little working time left to rebuild. The Bowling Green data showing that food insecurity and disability rise in the divorce year and remain elevated for six or more years is not just a social statistic — it maps directly onto the legal questions courts must resolve about spousal support duration and standard of living.
Unlike a divorce at 35, a divorce at 68 rarely allows the lower-earning spouse to return to full-time work and recover. That reality shapes how California courts apply the marital-standard-of-living factor and why long-marriage support awards frequently have no fixed termination date. The research quantifies a vulnerability that judges have long recognized anecdotally: older divorcing women face the sharpest economic decline.
How California law handles this
California is a community property state, meaning assets acquired during marriage are divided equally (50/50) under Cal. Fam. Code § 2550 — regardless of who earned them. For a couple married 40 years, this typically means splitting the entire retirement portfolio, home, and investment accounts down the middle. Separate property (assets owned before marriage or received by gift or inheritance) stays with its owner under Cal. Fam. Code § 770.
Retirement assets are the central battleground in gray divorce. Under Cal. Fam. Code § 2610, the community-property share of pensions and 401(k)s earned during marriage must be divided, usually through a Qualified Domestic Relations Order (QDRO) that splits the account without triggering early-withdrawal penalties. A pension earned across a 35-year marriage is one of the largest assets most couples own, and dividing it correctly determines whether an older spouse retires with security or scarcity.
Spousal support for long marriages is where California law most directly addresses the food-insecurity risk the Baltimore Sun highlights. Under Cal. Fam. Code § 4336, a marriage of 10 years or longer is presumed to be of "long duration," and the court retains jurisdiction to award support indefinitely rather than setting an automatic end date. Judges weigh the marital standard of living and the supported spouse's ability to become self-supporting under the factors in Cal. Fam. Code § 4320, which expressly include the parties' ages and health — factors that weigh heavily against a 68-year-old with limited earning capacity.
Social Security adds a layer many divorcing seniors overlook. A spouse married at least 10 years may claim derivative Social Security benefits on an ex-spouse's earnings record without reducing the ex's benefit — a federal entitlement that operates independently of the California property division but materially affects an older spouse's post-divorce budget.
Practical takeaways
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Inventory every retirement account before filing. Pensions, 401(k)s, IRAs, and deferred compensation earned during a long marriage are community property under Cal. Fam. Code § 2610. A single overlooked pension can represent six figures of value.
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Plan for a QDRO early. Dividing a 401(k) or pension requires a Qualified Domestic Relations Order, a separate legal document that can take months to draft and approve. Starting late can delay access to funds you are entitled to.
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Confirm the 10-year marriage threshold for support. Because a marriage of 10 years or more is presumed "of long duration" under Cal. Fam. Code § 4336, the court can retain authority to award spousal support without a fixed end date — a critical protection for a spouse who cannot realistically re-enter the workforce.
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Check Social Security derivative benefits. If you were married at least 10 years, you may claim benefits on your ex-spouse's record. Verify your eligibility with the Social Security Administration; this can add meaningful monthly income the divorce decree does not address.
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Budget for the six-year risk window. The Bowling Green research shows financial strain persists for six or more years after a gray divorce. Build a realistic post-divorce budget that accounts for healthcare, housing, and the loss of a second income before agreeing to any settlement.
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Document the marital standard of living. California courts weigh the standard of living established during marriage under Cal. Fam. Code § 4320. Records of household spending, insurance, and lifestyle strengthen a support claim.
If you are considering divorce later in life, the financial stakes are too high to navigate the retirement-division and long-term-support rules alone. A California family law attorney can help you identify community assets, structure a QDRO, and pursue the spousal support the law makes available for long marriages.
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.