The term “Gray Divorce” commonly refers to couples who decide to pursue a divorce after age fifty (50). There has been a rise in these later in life divorces since the 1990s. While nothing about the actual divorce process in Minnesota changes because of a gray divorce, there are some differences in the issues faced in such a divorce proceeding, as the couple is at a different stage in their life.
First, there are typically not minor children, and if there are minor children, they are usually in their teenage years. Usually, this results in very few custody/parenting time issues as the parents generally consider the child’s input, there are no child care issues, and the child can usually drive him/herself to and from activities, friends’ houses, and between parents’ homes.
After age 50, divorcing couples are also nearing retirement and have a limited amount of time to replenish retirement funds. This often means that these couples are more reluctant to make any property equalizer payments from retirement funds, and typically prefer to make such payments from cash assets.