Grey Divorce in Ontario: What Changes When You Separate After 25 Years of Marriage

Separating after a long marriage is different from separating earlier in life. When couples separate after 25 years or more, the main concerns are often financial stability, retirement planning, the family home, pensions, and estate documents.

“Grey divorce” is not a separate legal category in Ontario, but long-term marriages often raise important family law issues. After decades of shared finances, untangling property, support, and future planning requires care.

Spousal Support After a Long Marriage

In Ontario, spousal support is not automatic. Entitlement must first be established. Once entitlement has been established, the length of the relationship can affect how long support may be paid.

Under Canada’s Spousal Support Advisory Guidelines (SSAG), where entitlement to spousal support has been established after a relationship lasting 20 years or more, the duration of support is generally described as “indefinite.”

“Indefinite” does not mean support is guaranteed forever. It means there is no fixed end date at the beginning of the agreement or order.

The SSAG identify two common situations where support may be indefinite in duration:

• The 20-year threshold: Where the marriage or period of cohabitation lasted 20 years or longer, the SSAG generally provide for support of indefinite duration.

• The “Rule of 65”: Indefinite support may also apply where the recipient’s age at separation plus the length of the relationship equals or exceeds 65, provided the relationship lasted at least five years.

Retirement can also become an important issue. If the person paying support retires and experiences a significant reduction in income, they may seek to reduce or terminate support. However, retirement does not automatically end the obligation.

Property Division and the Family Home

In Ontario, married spouses divide property through Net Family Property equalization under the Family Law Act. Each spouse calculates their Net Family Property, which generally measures the increase in their net worth during the marriage. The spouse with the higher Net Family Property generally pays the other spouse one-half of the difference.

For couples separating later in life, the family home is often one of the largest assets. The matrimonial home receives special treatment under Ontario law, and a spouse generally cannot deduct its marriage-date value from Net Family Property if it remains a matrimonial home at separation.

In practical terms, this can make decisions about the home difficult. One spouse may want to stay, but buying out the other spouse may not be affordable near retirement. Depending on the circumstances, the home may need to be sold, transferred to one spouse, or dealt with as part of a broader settlement.

Pensions, CPP, and Retirement Planning

For couples over 50, pensions can be as important as the family home. A pension earned during the marriage may need to be valued and divided as part of the overall property settlement.

Depending on the type of pension and the applicable rules, a portion of the Family Law Value may be transferred to the non-member spouse. CPP credits accumulated during the relationship may also be eligible for division through a CPP credit split, subject to Service Canada’s rules.

Because pensions affect both property division and future income, they should be reviewed carefully before finalizing a separation agreement.

Update Your Will, Beneficiaries, and Powers of Attorney

Separation should also prompt an immediate review of your estate planning documents.

Important documents to review include:

• your Will

• Powers of Attorney for Property and Personal Care

• life insurance beneficiary designations

• RRSP, TFSA, and pension beneficiary designations

• corporate documents or shareholder agreements, if a family business is involved

An existing Power of Attorney naming your spouse may remain valid until it is formally revoked and replaced. Beneficiary designations may also need to be reviewed individually, as separation does not automatically update every designation.

Updating these documents helps avoid confusion and ensures your estate plan reflects your current wishes.

Why Legal Advice Matters in a Grey Divorce

A long-term separation often involves several legal and financial issues at once: support, property division, pensions, the family home, tax considerations, and estate planning.

Looking at these issues separately can create problems. For example, a separation agreement that does not account for pensions properly may affect retirement planning. An outdated Will or beneficiary designation may conflict with your separation terms.

At Huza Law, we assist clients with the interconnected family law, real estate, and estate planning issues that can arise following a long-term separation. Serving clients in Ontario in person and virtually, where appropriate, our team provides the clarity and practical counsel required to untangle complex assets and build an enforceable agreement for your future. Contact Huza Law today to schedule your consultation and take control of your next chapter.