Is It OK to Divorce at 40?

Marriage counselors opine that, unless absolutely necessary, it may not be okay to divorce at 40 because:

Is It OK to Divorce at 40?
  1. Life can become difficult for the young children
  2. Asset division can cause financial distress
  3. It’ll be like starting life all over again
  4. Alimony payments can dent finances
  5. Divorce can cause emotional turmoil
  6. Friends and family members can get alienated

Life can be like a complex and exciting rollercoaster ride for spouses near 40 years of age, especially with young children around. Both spouses need to balance their focus on careers with life goals, and reconcile it with the family’s needs, especially the kids’ needs. At the same time, the spouses may sense that they are getting older and that staying in shape takes some effort. When divorce is thrown into this mix, the consequences can be chaotic – unless, of course, the divorce is necessitated, as in a toxic kind of marriage.

However, if the marriage is not toxic, or if divorce is avoidable, and one spouse decides to divorce at 40, he/she must think through the following consequences:

Distress to Children

The children’s lives after the divorce can get shattered and the divorce can adversely affect their physical, emotional, and academic well-being. This is especially so for children of parents around 40, as the children would probably be in a tender and vulnerable age range. They will have to adjust to a new home, shuttle between parents, be away from friends for a part of the week (depending on the type of custody granted), watch their parents fight with each other, which may get ugly, engage in legal formalities, and more. It can inject chaos into their tender, growing years and impact their future.

Asset Division

Property needs to be divided in a divorce and the division can result in a mess. Merged bank accounts, 401k plans, cars, and home/s may be divided. Even before the division, the divorce attorneys on both sides need to itemize community and separate property before recommending a division that seems fair to their respective clients.

Property division is usually a sad event because the spouses have invested in the property together during the marriage. Seeing it divided and split so clinically and mechanically can be difficult to endure.

Starting Life All Over Again

A divorce may seem liberating, but starting life all over again when you are around 40 can be a daunting task. Though not impossible, it can be very difficult to find a new partner who is compatible – while adjusting to a new normal, dealing with rejection, co-parenting kids, controlling anxiety, managing the stress on finances, focusing on a career, perhaps shifting to a new home, and more.

Make no mistake – rebuilding life after a divorce can be difficult especially if you are around 40.

Post-Divorce Financial Dents

Divorce can be expensive. You have to pay the divorce attorney’s fees, court costs, child support, alimony, and live with half, or less, of the assets you owned during the marriage. You can also lose out on the tax advantages you enjoyed during the marriage.

Emotional Distress

A person at 40 is mostly a mature person. When nostalgic feelings hit a divorced person time and again, they can trigger sadness and maybe even depression. Marriage counselors opine that hormonal imbalance coupled with inadequate sleep in divorced spouses can cause extreme mood swings.

Then, there is loneliness, which can reach unbearable levels. Going back to an empty home, reveling in self-blame, or not talking about issues can make a spouse fall apart.

Alienated Friends and Family

The impact of divorce extends beyond hurting your children and ex-spouse. It can even impact your coworkers, family members, and friends. These people are likely to take sides and if they feel and say that you were to blame, it could fracture your relationship with them. When friends walk away and other family members do not approve of your divorce, a hard-to-thaw chill develops over your relations with them, which can add further to your loneliness.

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About the Author: Keith Bruss
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I've had the pleasure of being consulted by Attorney Nick Schwartz on a few issues I was having and was very impressed by his knack for breaking down difficult ideas into layman terms for me to understand my options better and make the best moves. He's a hard worker, and seems to really love what he's doing. I really enjoyed his positive attitude and candor while we were strategizing.
I highly recommend Nick Schwarz as Counsel. He has helped me with multiple legal issues over the years and has never disappointed. He is thorough and communicative. And, most importantly, he truly cares about his clients.
I had the privilege of working with Nick and his law firm, and I can’t recommend them highly enough. Nicholas Schwarz is professional, knowledgeable, and truly committed to his clients. He took the time to explain every step of the process clearly, kept communication open, and always made me feel like my case was a priority. His attention to detail and dedication gave me a lot of confidence, and the outcome exceeded my expectations. If you’re looking for an attorney who combines expertise with genuine care, Nick and his team are the ones to call.
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Attorney Nicholas Schwarz is very personable, passionate, and a great advocate for his clients. Mr. Schwarz has that "grit" to get the job done and is very approachable. His personality and work ethic are truly one of a kind. He is a great lawyer and colleague. I highly a recommend his services if you want competent representation and someone willing to go above and beyond for your case.
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Clay Randle at Brown Family Law is a master of clarity in the midst of complexity.

I hired Clay to help me navigate a divorce involving contested marital and premarital properties spread across multiple states. The legal terrain was anything but simple. Valuation disputes, and emotionally charged negotiations. Clay handled it all with precision, professionalism, and a calm that made a difficult process feel manageable.

What stood out most was his ability to distill complicated legal issues into clear, actionable steps. He was responsive, strategic, and always one step ahead in anticipating challenges. I never felt lost in the process—Clay made sure I understood my options and the implications of every decision.

If you’re facing a divorce with significant property concerns —Clay is the kind of attorney who brings both legal rigor and human empathy. I’m grateful for his guidance and would recommend him without hesitation.
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Clay is one of the most knowledgeable attorneys I’ve talked to. He has a great grasp of family law and is an amazing advocate.
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If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
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Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
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At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.