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Common issues when divorcing at retirement age in Texas

On Behalf of | Apr 15, 2024 | Divorce

Retirement is often seen as a time for relaxation and enjoyment. For some couples, however, approaching retirement age can be stressful if divorce is also on the table.

Separating after decades of marriage presents unique issues that can complicate an already emotional process.

Financial strain

One of the foremost concerns for couples divorcing in their retirement years is the division of assets. Texas follows community property laws, meaning assets acquired during the marriage are typically split equally. However, determining the value of assets like retirement accounts, pensions and investments can be complex and may require professional evaluation.

Healthcare costs

As individuals age, healthcare can become a significant expense. Divorcing couples must consider how they will cover medical costs, especially if one spouse was previously covered under the other’s insurance. Navigating Medicare and other healthcare options post-divorce can add stress to an already difficult situation.


Deciding what to do with the family home is often a contentious issue in later-life divorces. Some couples may choose to sell the house and split the proceeds, while others may opt for one spouse to buy out the other’s share. Factors such as mortgage payments, property taxes and maintenance costs must be carefully considered.

Emotional impact

Divorce at any age can take a significant emotional toll, but ending a long-term marriage during retirement can be especially challenging. Couples may struggle with feelings of loneliness, loss and uncertainty about the future. Seeking support from friends, family or a therapist can help individuals cope with these emotions and move forward positively.

Estate planning

Divorce necessitates updating estate plans to reflect new circumstances and beneficiaries. This includes revising wills, trusts and powers of attorney to ensure assets will pass according to the individual’s wishes. Failing to update these documents can lead to unintended consequences and legal battles down the road.

Data shows that the average retirement age in Texas is 65. For individuals facing a divorce as they approach that age, the stresses of a separation can compound on themselves. With the right mindset and some proactive measures in place, though, you can move past your divorce while keeping your retirement plans intact.