Legal advice for older women facing divorce in Scotland

Collaborative Post | Divorce is difficult at any stage in life. But if you are older, the challenges often come with deeper emotional and financial concerns. Long marriages, shared assets, and life-altering plans all play a part in making later-life divorce overwhelming. 

If you’re in this situation in Scotland, it’s important to understand your rights and options clearly. Keep reading to discover what steps you can take to safeguard your future.

Photo by Nickolas Nikolic on Unsplash

Understanding the unique impact of divorce in later life

Divorcing in later years often involves decades of shared life. For many older women, financial dependency has been a reality, particularly in traditional marriages where one partner handled most of the income or assets.

This creates vulnerability when it comes to pensions, savings, and property. It is crucial to seek clear and practical legal advice early on to make sure everything is considered fairly.

In Scotland, marital assets are generally divided based on what was acquired during the marriage. That means property or pensions built up beforehand might not count. But knowing what falls into that category and what doesn’t can be complicated. Getting the right legal support for family matters in Scotland ensures your voice is heard throughout the process.

Financial security and pensions

One of the biggest concerns for older women going through divorce is what happens to retirement income. In Scotland, pensions are treated as matrimonial property if built up during the marriage, even if only one spouse paid into them.

This can be a lifeline, especially if you took time off work to raise children or care for others. A solicitor can help arrange a pension sharing order so that you get a fair split.
It’s also worth noting that joint bank accounts, savings, and property are part of the settlement too. But unless you seek legal advice early, you may not be fully aware of what you are entitled to.

Planning for housing and daily costs

You may be wondering whether you can stay in your home or how to afford living alone. These are valid concerns. Often, older women want to remain in familiar surroundings, especially when there are health needs or family nearby.

While the law doesn’t favour either party based on gender, your housing situation, income, and future needs are part of what the court or your legal team will weigh up. The goal is fairness, not splitting everything straight down the middle.

Make sure your solicitor takes into account the full picture, including your age, earning ability, health, and any unpaid contributions you’ve made to the family’s wellbeing.

Moving forward with confidence

Divorce is never easy, but you don’t have to face it alone. Taking legal advice early gives you clarity, confidence, and control. Your future deserves thoughtful preparation, not guesswork.

If you're unsure where to start, talk to a solicitor who understands the needs of older women. Ask about your rights, what you might expect financially, and how to go about the process with dignity.


Disclaimer: this is a collaborative post.