40 M A r C h 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m
few years ago Steven Benmor
found himself in divorce court
representing an 82-year-
old client seeking to end a
long-term marriage. After
decades of living with
the same man, she was
divorcing her abusive
husband. "They had
fought over the years but this time he
hit her and she said 'screw you' and
went to the police. He was arrested and
removed from the home. The children
came out of the dark to help her and
took sides. That created the divorce,"
he says.
It used to be the seven-year itch,
a mid-life crisis around 40, or empty
nesters were the three typical groups
seeking divorce. Increasingly though,
a fourth category has emerged over the
years — those over 55 who no longer
want or feel the need to stay in unhappy
marriages. "In some respects it's quite
shocking," says Benmor of Benmor
Family Law Group in Toronto. "When
I have somebody the age of 75 or 80
walking into my office and saying, 'I'd
like to divorce my husband.' I can't help
but be floored and think what is going
on here? These are grandparents. Why
is a grandparent divorcing?"
He chalks it up to societal changes
that include people living longer, delay-
ing retirement, and generally pushing
life events until they are older. "Some
start thinking, 'I'm 55, do I really want
to be with her/him for the next 30
years?'"
L E g A L r E p o rt \ fA M I Ly L AW
Jeannie
Phan
With the children gone, and maybe a long life ahead, issues
like pensions become huge factors in breakup decisions.
By Jennifer Brown
Grey divorce is all
about the math
A