Divorce later in life, sometimes called "gray divorce," brings a different set of worries than divorce at 30. The children are usually grown. The stakes are retirement, health care and whether there will be enough money to last. There's also less time to rebuild savings after a split.
If you're 50 or older and facing divorce in Seguin or anywhere in Guadalupe County, these are the issues that deserve the most attention.
Retirement accounts and pensions
After decades of marriage, retirement savings are often the largest asset. In Texas, the portion of a 401(k), pension, IRA or government retirement plan earned during the marriage is community property, divided in a way that's just and right.
Key points for older couples:
- Pensions already being paid can still be divided, but the order must fit the plan's rules for benefits in pay status.
- Survivor benefits matter much more when retirement is near. If the employee spouse dies, a former spouse without survivor coverage may lose payments entirely.
- Taxes differ by account. A dollar in a pre-tax 401(k) isn't worth the same as a dollar in a savings account.
- The right orders, like QDROs, must be prepared and approved. Don't leave them for later.
Read retirement accounts and QDROs in a Texas divorce for details. If military retirement is involved, see military divorce in Guadalupe County.
Social Security: the 10-year rule
Social Security benefits aren't divided in a Texas divorce. But a divorced spouse may be able to collect benefits based on an ex-spouse's work record. Generally, you may qualify if:
- Your marriage lasted at least 10 years;
- You are currently unmarried;
- You are at least 62; and
- The benefit you'd get on your own record is less than the divorced-spouse benefit.
The divorced-spouse benefit can be up to half of your ex's full retirement-age benefit, reduced if you claim before your own full retirement age. Claiming on an ex's record doesn't reduce your ex's benefit, and your ex isn't notified. If your ex hasn't started benefits yet, you may still qualify if you've been divorced for at least two years.
If you're close to the 10-year mark, the timing of your divorce could matter for Social Security. A divorce finalized at 9 years and 11 months may not qualify. Confirm the rules and your situation with the Social Security Administration.
Remarrying generally ends eligibility for divorced-spouse benefits, though there are exceptions, including if the later marriage ends. Survivor benefits for a divorced spouse follow separate rules.
Health insurance
If you're covered through your spouse's employer plan, that coverage usually ends with the divorce. Options include:
- COBRA continuation coverage. If the employer plan is subject to COBRA, a divorced spouse can generally continue coverage for up to 36 months. You or your spouse must notify the plan within 60 days of the divorce, and you'll usually pay the full premium plus an administrative fee, so it can be expensive.
- Your own employer's plan, if available.
- Marketplace coverage. Divorce is a qualifying life event that opens a special enrollment period.
- Medicare, generally available at 65.
- TRICARE for some former military spouses who meet the 20/20/20 rule.
If you're a few years from 65, the cost of bridging the gap can be significant. Factor health insurance costs into any settlement, and consider timing the divorce with coverage in mind.
Spousal maintenance and contractual alimony
Long marriages are where Texas spousal maintenance most often comes into play. Court-ordered maintenance is available if the requesting spouse lacks sufficient property, including what they receive in the divorce, to meet minimum reasonable needs, and they meet an eligibility category. One common category: married 10 years or more, and unable to earn enough income to meet minimum reasonable needs.
Texas caps court-ordered maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. Duration depends on the length of the marriage:
| Length of marriage | Maximum duration |
|---|---|
| 10 to 20 years | Up to 5 years |
| 20 to 30 years | Up to 7 years |
| 30 years or more | Up to 10 years |
A disability can extend these limits. Spouses can also agree to contractual alimony, which isn't bound by the statutory caps. In a gray divorce, contractual alimony can be a useful tool to balance a property division or bridge the years until retirement benefits start. See alimony in a Seguin, Texas divorce.
The house
Many older couples own their home outright or nearly so. Keeping the house can feel like stability, but it may leave one spouse "house rich and cash poor," with little to live on and big maintenance costs. Selling and splitting the proceeds, or one spouse buying out the other, are both options to consider carefully. If neither can afford to keep it, read when a marital residence can be ordered sold.
Updating your estate plan
Texas law automatically cancels many will provisions and some beneficiary designations in favor of a former spouse after divorce. Don't rely on that alone. Federal law can override Texas rules for some employer-sponsored retirement plans and life insurance, so an outdated beneficiary form could still send money to an ex.
After a divorce, review and update:
- Your will or trust.
- Beneficiary designations on life insurance, retirement accounts, annuities and payable-on-death bank accounts.
- Durable power of attorney and medical power of attorney.
- Directive to physicians and HIPAA releases.
- Designation of guardian in case you later need one.
Some updates, like changing a will, are best done right after the divorce is final, while others may be limited during the case by standing orders. See our page on wills in Seguin, Texas.
Adult children and grandchildren
Even when there's no custody case, gray divorce affects the family. Adult children may take sides or worry about a parent's finances. If you have an adult child with a disability, child support may continue past 18 in some circumstances; see child support for adult disabled children in Texas.
Getting help
Attorney Jesus R. Lopez has more than 20 years of experience in Texas family law and helps clients in Seguin and throughout Guadalupe County think through retirement, maintenance and estate issues in later-life divorce. Free consultations are available by phone or in person, in English or Spanish.
Frequently asked questions
Can I get Social Security from my ex-spouse?
Possibly, if you were married at least 10 years, are unmarried, are at least 62 and your own benefit is lower. It doesn't reduce your ex's benefit.
How long can I keep health insurance after divorce?
If the employer plan is subject to COBRA, a divorced spouse can generally continue coverage for up to 36 months, but you must give timely notice and pay the premiums.
Am I entitled to alimony after a long marriage?
Not automatically. You must lack sufficient property to meet minimum reasonable needs and fit an eligibility category, such as a 10-year-plus marriage combined with inability to earn enough income.
Does divorce automatically remove my ex from my will?
Texas law revokes many will provisions in favor of a former spouse, but you should still update your will and every beneficiary form, because federal rules can control some accounts.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.