As children leave home and menopause reshapes the body and mind, many women over 50 find themselves at a crossroads, where they are ready to explore new paths, careers, priorities, relationships and personal growth. This period of growth and change is often accompanied by a feeling of uncertainty and a desire to be prepared. Legal preparedness and knowledge is essential to ensure this new chapter is secure, empowered and you are best placed with the knowledge to make information decisions that will shape your new future.
If these thoughts have crossed your mind, you are not alone:
- According to the Australian Seniors “Love After 50” report, nearly one-third (32%) of divorces in Australia now occur after age 50, with empty nest syndrome cited as the leading cause for 48% of these separations.
- The Australian Institute of Family Studies confirms that while overall divorce rates are declining, divorce among older couples is rising, with couples married for 20+ years now accounting for over 25% of all divorces.
- In South Australia, anecdotal evidence from expert family and estate law firms such as DBH Lawyers suggests a growing number of women over 50 are seeking legal advice not just for divorce, but for estate planning, financial independence, and housing security.
FIFTY+SA spoke to DBH Lawyer’s Managing Partner Amy Nikolovski and Head of Family Law Jane Fox to equip you with the knowledge to help you strike a new path.
1. Financial and Estate Planning – Protecting Your Future
Women entering this phase of life often reassess their financial independence and long-term security. Whether single, divorced, or partnered, it’s critical to review:
- Wills and Powers of Attorney: Ensure your estate planning reflects your current wishes, especially if your children are now adults or you’ve separated from a partner.
- Superannuation and Beneficiary Designations: Confirm that your superannuation accounts and life insurance policies are up to date and aligned with your new life goals.
- Asset Protection: If starting a business or investing in property, consider legal structures (e.g., trusts or companies) that protect personal assets from liability.
“Estate planning isn’t just about preparing for death; it’s about protecting your choices while you’re alive,” says Amy Nikolovski – DBH Lawyers. “Women over 50 often have complex family and financial arrangements. A well drafted will, Enduring Power of Attorney, and Advanced Care Directive can ensure your wishes are respected and your loved ones are supported.”
“Too often, women delay these conversations until it’s too late,” she adds. “We encourage clients to treat estate planning as a form of empowerment, taking control of your future, your assets, and your legacy.”
2. Housing and Homelessness Risk – Know Your Rights
In Australia, women over 45 are the fastest-growing cohort at risk of homelessness. Legal considerations here include:
- Tenancy rights: Understand your rights under residential tenancy laws, especially if downsizing, you have recently separated or you are moving into retirement housing.
- Eligibility for Social and Affordable Housing: Explore legal pathways to access housing support if income or employment is disrupted due to health or caregiving responsibilities.
3. Employment Law and Workplace Rights
Menopause is increasingly recognised as a Workplace Health and Safety (WHS) issue. Symptoms such as fatigue, brain fog, and anxiety can impact performance and lead to job loss if not properly supported.
Women should be aware of:
- Anti-Discrimination Protections: Under Australian law, employers must not discriminate based on age, gender, or health status.
- Flexible Work Entitlements: You may also be entitled to request flexible hours or remote work arrangements under the Fair Work Act.
- Workplace Menopause Polocies: Some organisations are adopting menopause specific policies. If yours hasn’t, consider advocating for one.
4. Divorce and Relationship Transitions – Legal Clarity Is Key
For women separating or divorcing after 50, often called “grey divorce”, the legal landscape can appear complex. Key issues to consider with respect to property settlement matters can include:
- Superannuation Splitting Provisions: The use of superannuation splitting Orders as part of your overall property settlement to assist you to make plans with respect to your superannuation moving forward.
- Financial Advice about a proposed property settlement: It’s important to understand the financial implications around a property settlement and what this will mean for you moving forward, for example, the challenges that can present with respect to obtaining a mortgage or whether it is a sensible financial decision to try to retain the family home.
- Estate Planning Revisions: Updating wills, powers of attorney and advanced care directives to accurately reflect changes to our relationship and those who you wish to name in these documents.
“Many family law matters don’t end up in Court and less than 5% of matters go to Trial” says Jane Fox, Head of Family Law at DBH Lawyers. “Strategic and detailed advice at the outset of a matter, along with a clear and concise explanation about the various processes and what to expect can assist many matters to reach an early resolution, often with the use of mediation. At DBH Lawyers, we aim to empower, guide and provide you with the advice that is needed to achieve this”.
Legal Literacy Empowers Reinvention
Whether launching a business, leaving a marriage, or simply seeking a fresh start, women over 50 deserve to enter this new phase with confidence and clarity.
Legal literacy is not just about protection, it’s about knowledge, education and empowerment. By updating your documents and seeking professional advice, you can place yourself in a position where you can build a life that’s not only vibrant and fulfilling but also secure and sustainable.
Top ten legal questions to ask yourself when considering divorce
1. What are my legal rights and obligations after separation?
According to Jane Fox, Head of Family Law at DBH, your rights include living independently, seeking parenting arrangements in your children’s best interests, and requesting a property settlement. Your obligations include full financial disclosure and engaging in dispute resolution before litigation.
2. Do I need to update my will?
Amy Nikolovski, Managing Partner at DBH, warns that separation does not invalidate your will. If not updated, your ex-partner may still inherit your assets. Updating your will is essential to reflect your new intentions.
3. When is the right time to speak to a lawyer?
DBH suggests seeking legal advice early, even before separation, especially if you’re unsure about your options or safety. A family lawyer can guide you through the process confidentially.
4. What type of lawyer do I need?
A family lawyer is best suited for divorce-related matters. DBH’s team specialises in family law, including parenting arrangements, property settlements, and spousal maintenance.
5. How can I find a good lawyer?
DBH recommends checking with the Law Society, asking trusted friends and seeking recommendations from those who also work in the separation space such as psychologists or counselors.
6. How do I explore my legal options without alerting my partner?
DBH advises setting up a private email address and being discreet with communications. Confidentiality is key in the early stages.
7. Am I the only one going through this?
No. DBH notes that a significant percentage of marriages in South Australia end in divorce. Their team is experienced in helping clients navigate this difficult transition.
8. What happens to shared property and finances?
DBH lawyers can advise you about the process that is undertaken to determine property settlements. This includes assets like superannuation, business interests, and trusts. They emphasise that a 50/50 split is not always appropriate.
9. What are the costs involved?
DBH offers a no-obligation first interview. Legal costs vary depending on complexity, but they encourage clients to weigh costs against potential outcomes.
10. What if children are involved?
Parenting arrangements must prioritise the children’s best interests. DBH’s family law team helps negotiate these arrangements and resolve disputes through mediation where possible.
For more information or to book an appointment to receive individual advice to help you forge your new path: dbh.com.au
Jane & Amy
The DBH Partners and their
teams are here to help.
