The rise of divorce among older couples, often dubbed “grey divorce” or “silver splitting", is reshaping the landscape of family law in Scotland. In Scotland, while divorce rates have generally been decreasing, there's been a notable rise in divorces among those aged 60.
Recent high-profile separations highlight that even long-standing marriages are not immune to change later in life. In early 2025, former First Minister Nicola Sturgeon and her husband Peter Murrell, announced their separation after over two decades together. Similarly, television presenters Eamonn Holmes and Ruth Langsford ended their 14-year marriage in 2024, citing that they had simply grown apart. The reasons for separation may vary, but the legal implications are consistent: late-life divorce is complex, deeply personal, and deserving of bespoke legal care.
The unique legal landscape of grey divorce in Scotland
In Scotland, the legal framework for financial provision on divorce remains rooted in the Family Law (Scotland) Act 1985. Whilst the principles are well-established, applying them to older clients with intricate financial lives and long-term entanglements demands thoughtful analysis.
Impact on pensions: the quiet powerhouse of matrimonial wealth
Pensions often constitute the most significant asset in grey divorce cases. Under Scots law, only the value accrued during the marriage (from date of marriage to date of separation) is considered matrimonial property. However, valuing pensions, particularly multiple private pensions and cases where there have been transfers in from other policies, can be complex and require actuarial input.
A spouse who may have prioritised caregiving or worked part-time can find themselves at a significant disadvantage if matrimonial property is not fairly apportioned, especially for those who are over fifty and with limited pension provision. These individuals may benefit from specialist financial advice to assess their long-term financial needs, understand the value of pension entitlements, and explore options for income in retirement. Financial advisers can model different settlement scenarios to show how decisions made during divorce will impact future financial security. They can also help structure settlements in a tax-efficient manner, advise on investment strategies for lump sum payments, and ensure that any agreed division supports sustainable living arrangements post-divorce.
Second marriages and prenuptial agreements
Later-life divorce also frequently involves second (or even third) marriages, often with blended families and complex asset histories. It’s not uncommon for one or both parties to enter the marriage with substantial pre-marital wealth, which falls outside the scope of matrimonial property in Scotland—unless intermingled or converted into joint assets.
In such cases, prenuptial or postnuptial agreements—if properly drafted to minimise the possibility of challenge — can significantly shape the advice given on financial provision. These agreements often provide clarity on which assets are to be excluded from division on divorce, helping to preserve inherited wealth, business interests, or property acquired before the marriage. In Scotland, the courts will generally uphold such agreements if they are fair and have been entered into freely. For family lawyers, a valid prenup may narrow the scope of matrimonial property to be negotiated and can provide a strong framework for settlement discussions. However, care must be taken to assess whether the agreement remains relevant and fair, especially where there has been a long marriage, a significant change in circumstances, or financial dependency that has developed over time.
Estate planning and succession considerations
One of the most overlooked consequences of grey divorce is the ripple effect on wills, powers of attorney, and inheritance intentions. Separation alone does not revoke a will in Scotland; if a spouse dies after separation but before divorce, their partner may still inherit under an existing will or claim legal rights. It is vital that clients, especially those over fifty, revise estate planning documents immediately upon separation.
The emotional toll of later-life separation
While the absence of childcare disputes can simplify proceedings, grey divorce is far from emotionally simple. The end of a decades-long relationship may bring profound grief, identity loss, and uncertainty—especially when retirement plans, social circles, and financial security were interdependent. Many clients express anxiety about downsizing and starting again.
In such cases, working with a divorce coach or family counsellor/therapist can be a source of invaluable support. These professionals are trained to help clients manage the emotional and practical challenges of separation, helping clients to feel less overwhelmed and more empowered during the process.
For older couples who wish to preserve dignity, minimise conflict, and maintain amicable ties—particularly where there are adult children or shared social circles, collaborative practice offers an excellent model. In this non-adversarial process, both parties and their lawyers commit to resolving matters respectfully and without court action, often involving other professionals such as financial neutrals or family consultants. The collaborative setting encourages open dialogue, future-focused planning, and creative problem-solving, all of which are especially suited to the emotional sensitivity and financial complexity of later-life separations.
Navigating the legal intricacies of grey divorce
The rise of grey divorce in Scotland presents a new frontier in family law practice. But with the right guidance, grey divorce need not be a crisis—it can be a transition marked by fairness, clarity, and opportunity.
Given the emotional, financial, and legal complexity involved, seeking expert legal advice from a specialist family lawyer is important. Our experienced divorce lawyers can provide invaluable guidance on the legal intricacies of asset division, including pensions, inheritance rights, and the application of prenuptial or postnuptial agreements.
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