Recent reports suggest that the divorce rate in those over 60 years of age has increased. This is not surprising. The over 60’s population is growing and is set to increase rapidly over the next few years.

But is this the only reason for the increase? There are various reasons why marriages come to an end later in life. This is a time for considerable change in the lifestyle people have had enjoyed previously.  

It might be that the children have grown up finished their education and married, perhaps with children themselves.  Suddenly mothers who have not only worked but also brought up children find themselves at a loose end.  

They may look to their husbands for additional time and attention perhaps feeling that this is the first time they have really been able to devote as much time as they would have liked to their marriage.  

By the same token husbands have often become used to coming second to the needs of their children and so have taken up their own interests to the exclusion of their wives.  

Suddenly feeling that they are needed can come too late for them and they may feel resentful at having to change their lives.  

The final reason and perhaps the most common is that post retirement couples who have lived their lives spending most of their time apart, due to work commitments, suddenly find themselves spending each day with someone they have not spent that amount of time with for many years. 

Whatever the reason for the separation, are there any special consequences?

Obviously in divorcing couples of this age one of the most important aspects of the divorce settlement will be ensuring there is sufficient pension income to support them both.  

In the current climate this can be a challenge in itself.  Often pensions have been reduced so that there is no guarantee it will provide sufficient income for one household and suddenly it will need to finance two separate households.  A pension sharing order is imperative to make sure, that in the event of one party predeceasing, the pension for the survivor remains payable.  

Similarly in larger pensions it may well be worth considering whether you need an expert to report on how the pension should be divided to give you similar post retirement incomes.  

It is not sufficient to divide the pension equally because differences in ages and sex mean that the income produced from the same capital value can be very different leaving one party at a considerable disadvantage.  

On a brighter note there is more likely to be sufficient capital to rehouse both parties.  Neither requires a home for a family anymore so it is often feasible for both to downsize and to purchase two smaller properties out of the sale proceeds of what was the family home. 

In summary the challenges in obtaining a fair settlement remain but are likely to require emphasis around pension and retirement income rather than the capital needs.

Amanda Melton is a Partner at Matthew Arnold & Baldwin, and specialises in Family Law.