What Legal Issues Are Involved in a Gray Divorce?

 Posted on July 07, 2026 in Divorce

Today, the divorce rate in America is on a steady decline. In large part, this decline is due to the fact that many young Americans are not pursuing divorce. However, among elderly Americans, the divorce rate has been rising over the past few decades. According to the Pew Research Center, divorce has doubled among Americans over the age of 50 since 1990. If you believe that a gray divorce is the right choice for you, it is time to speak with an attorney you can trust.

At The Stogsdill Law Firm, P.C., our attorneys have over 100 years of combined experience, and we have earned a reputation as one of the most respected firms in the area. Our DuPage County, IL gray divorce lawyers are ready to discuss your case with you and work to protect your rights.

Are Retirement Accounts Considered Marital Property in a Gray Divorce?

In Illinois, retirement accounts earned during a marriage are usually treated as marital property. This includes pensions, 401(k) plans, and individual retirement accounts. It does not matter whose name is on the account. If the money was saved while the couple was married, a court will often view it as property that belongs to both spouses.

Gray divorces often involve larger retirement accounts because couples have had more time to save. This can make the division process more complex. A court will examine several factors before deciding how to split these accounts. Among other considerations, a judge will look at the length of the marriage, each spouse's age, health, and future earning potential, and what other assets each spouse will receive. The goal is a fair division, not always an equal one.

Since retirement savings often represent decades of work, it is important to have these accounts valued correctly before any agreement is reached.

How Does Health Insurance Factor Into Gray Divorces?

A gray divorce often creates a health insurance crisis, especially if either spouse has reached Medicare eligibility age yet. For spouses who have been covered under the other spouse's employer-sponsored health plan, divorce means that coverage ends.

If you are not yet 65 and not eligible for Medicare, you will need to find a new plan. COBRA coverage may allow you to stay on your former spouse's employer plan temporarily, but it is expensive and only available for a short time.

Marketplace plans through the ACA are another option, though premiums can be very expensive for people in their 50s and early 60s. The cost of finding new coverage should be factored into divorce negotiations because premiums can be a real financial consequence that affects a spouse’s finances for years. An attorney experienced with gray divorce can help make sure health insurance costs are part of the overall settlement picture.

Do I Need a QDRO for a Gray Divorce?

Dividing a retirement account in a gray divorce is not as simple as just agreeing on a number. If you or your spouse has a 401(k), pension, or other employer-sponsored retirement plan, you likely need a Qualified Domestic Relations Order, or QDRO, to receive your share. A QDRO is a separate legal document that instructs the retirement plan administrator to divide the account according to the terms of your divorce.

Without a QDRO, the plan administrator has no authority to transfer funds to a non-account holder. Trying to divide a retirement account without one can trigger taxes and early withdrawal penalties that don't benefit anyone. A QDRO protects the receiving spouse and ensures the transfer is treated correctly under federal law.

Not every retirement account requires a QDRO. IRAs are divided through a different process called a "transfer incident to divorce." If you are going through a gray divorce, it is important to identify every retirement account involved and understand what steps are required for each one. An error at this stage can cost you part of the benefit you were entitled to receive.

When Can a Parent Request Support for Non-Minor College Expenses in a Gray Divorce?

Gray divorces often involve adult children or children who are close to adulthood. In Illinois, divorcing parents can ask the court to order contribution toward a child's college or vocational school expenses, even after the child turns 18. This is sometimes called educational support or Section 513 support.

The court considers several factors when deciding how much each parent should contribute, including:

• The child's academic performance
• The cost of the school
• Each parent's financial circumstances

Divorced parents are not automatically required to pay for college, but the court has the authority to order it when it is appropriate.

If you have a child approaching college age and you are going through a gray divorce, this issue should be addressed during the divorce process rather than after it concludes.

Am I Eligible for Indefinite Alimony in a Gray Divorce?

Spousal maintenance, or alimony, is one of the most significant financial issues in a gray divorce. For someone who left the workforce years ago or held back their career to support the family, the end of a long marriage can create real financial uncertainty. Illinois law allows courts to award maintenance on a permanent or indefinite basis in certain situations (750 ILCS 5/504).

Whether you qualify for indefinite maintenance depends on several factors. Courts look at the length of the marriage, each spouse's income and earning potential, the standard of living established during the marriage, the age and health of both spouses, and the contributions each person made to the household. A long marriage combined with a significant income gap often weighs in favor of longer or open-ended support.

Contact a Wheaton, IL Gray Divorce Attorney

At The Stogsdill Law Firm, P.C., our team fully understands how emotionally turbulent the divorce process can be. Divorces can be especially complicated when separating from a partner of several decades. As you cope with the emotions of your separation, our legal team is here to help you with all other aspects of your divorce.

With decades of experience representing clients in a wide variety of divorce cases, we are confident in our ability to help you navigate a gray divorce. To set up an initial consultation with a DuPage County, IL family law attorney, call our office at 630-462-9500.