How Should Older Couples Prepare for an Illinois Divorce?

 Posted on May 06, 2026 in Divorce

Divorce can be difficult for any couple, and it often becomes more complicated the longer a couple has been married. When couples over the age of 50 choose to get a divorce – sometimes called a "gray divorce" – they face not only the end of a relationship that has formed a large part of their lives but also the prospect of coping with the challenges of old age independently. For this reason, it is important to properly prepare for the divorce process to reduce the possibility of an emotionally and financially stressful outcome.

At the Law Office of Ronald L. Hendrix, P.C., we have over 30 years of experience representing clients in difficult issues of family law. When you work with our firm, you will receive individual attention from a Naperville, IL divorce attorney who cares about the outcome of your case.

How Long Does a Gray Divorce Take in Illinois?

A gray divorce can take a few months or more than a year. The timeline depends on how much you and your spouse agree on. If both spouses are honest about money, retirement accounts, debts, and home equity, the process may move faster. If one spouse hides assets or refuses to negotiate, the case can take longer.

Gray divorce often involves more financial detail than divorce earlier in life. You may need to value a home, divide pensions, review Social Security questions, and decide what happens with health insurance. These steps take time, but they also help protect your future.

Five Important Considerations for Gray Divorces in 2026

If you are pursuing a divorce in your fifties or beyond, you can improve your readiness by taking the following actions.

Re-evaluate Your Retirement Plan

Keep in mind that contributions to either spouse’s retirement accounts during your marriage will likely be considered marital assets and are therefore subject to equitable distribution during the divorce. With less personal savings, you may need to consider delaying your retirement or adjusting your post-retirement budget. However, if you plan ahead, you can also avoid unnecessary taxes and early withdrawal penalties during the division of assets.

Understand Your Health Insurance Options

If you are a homemaker or are unable to work, you may have relied on your spouse’s employment for health insurance coverage and Medicare. As your divorce approaches, you may need to consider alternative coverage options or negotiate for a divorce resolution that accounts for the cost of your long-term medical care.

Take Stock of Your Marital Property

Aside from retirement accounts, couples who have been married for many years often share many other assets and properties, such as vehicles or vacation homes. Before your divorce, you should work with an attorney to identify which properties are considered marital and non-marital assets and identify the items that are most important to you personally.

Knowing what matters most to you can help you make clearer choices during settlement talks. This can be especially important in a gray divorce, when certain property may carry both financial and sentimental value.

Revisit Your Estate Plan

During a gray divorce, your estate plan may need a close review. You may have created a will or trust many years ago. Your spouse may still be named as your main beneficiary. He or she may also have the power to make financial or medical decisions for you. After a divorce, those choices might no longer fit your wishes.

You may need to change an existing will or trust, or create a new one. This can help make sure your property goes to the people you choose. That may include adult children, grandchildren, siblings, close friends, or charities.

Communicate With Your Adult Children

Divorce may not affect the day-to-day lives of adult children like it would if they were younger, but you may still find it important to keep your children informed about the divorce so that you can maintain family relationships. As with younger children, you should also be careful not to force your adult children to take sides or act as go-betweens in conflicts with your spouse.

What Should I Expect During Property Division in an Illinois Gray Divorce?

Illinois divides marital property fairly, but not always equally. The court looks at many factors, including each spouse’s income, age, health, needs, and future ability to earn money. The court may also consider whether one spouse stayed home, raised children, supported the other spouse’s career, or gave up job growth for the family. Illinois law allows marital property to be divided in "just proportions" after considering the facts of the case (750 ILCS 5/503).

Many couples reach a settlement instead of asking a judge to decide. Settlement talks give both spouses more control over the outcome. You can negotiate who keeps the home, how to divide retirement accounts, and who takes on certain debts.

In a negotiated settlement, one spouse may accept a smaller share of one asset in exchange for keeping a steady income source or a larger share of retirement savings. Clear records, full disclosure, and a willingness to compromise can help move these talks forward and avoid a long court fight.

Can I Ask for Alimony in a Naperville Gray Divorce?

In Illinois, a spouse may ask for alimony if he or she cannot meet reasonable needs after divorce or if the other spouse has much more income. Alimony can be especially important in a gray divorce. One spouse may be close to retirement. Another may have been out of the workforce for years. Starting over at 55, 60, or 65 can be hard.

Keep in mind that alimony is not automatic. The court first decides whether it is appropriate. Then, it decides the amount and length of payments. In some cases, it may help a lower-earning spouse keep financial stability after decades of shared life.

Contact a Naperville, IL Family Law Attorney

At the Law Office of Ronald L. Hendrix, P.C., we understand the unique challenges that older couples face. We will work with you to plan for a better future after your divorce, both financially and emotionally. Contact a compassionate DuPage County, IL divorce lawyer today at 630-355-7776 to schedule a free consultation.