For a long time, it’s been considered common knowledge that “50% of marriages end in divorce.” But that figure is outdated.
According to a compilation of data published by Marriage Science:
- The crude divorce rate in the U.S. dropped by 42% in just over two decades – from 4.0 per 1,000 in 2000 to 2.3 per 1,000 in 2024. (CDC/NCHS; U.S. Census Bureau ACS, 2024).
- The refined divorce rate dropped to 14.2 per 1,000 married women from its peak of 22.6 in 1979-80, a 38% decline. (NCFMR, 2025)
- The marriage-to-divorce ratio reached 2.42 – meaning that for every divorce filed, 2.42 new marriages were recorded. There were 2,390,482 marriages vs. 986,810 divorces in 2024 (NCFMR Family Profile FP-25-32, 2025).
Realistically, today, about 40% of (first) marriages end in divorce.
Still, figures like that oversimplify things. Different groups are divorcing at very different rates. Consider the statistics among 2nd and 3rd marriages, which end at much higher rates: 39-67% (somewhat inconsistent data) and 73%, respectively. And so-called “gray divorce” (among those age 50+) now makes up 36% of all U.S. divorces (roughly tripling since 1990), according to 2025 data from Bowling Green State University and Pew Research Center.
As family law attorneys know, rates and statistics don’t paint a complete picture of the dissolution landscape – and that’s particularly true in this moment, because while divorce is becoming somewhat less common, it’s also getting messier.
Modern life – particularly the current economic landscape and ever-evolving digital age – is bringing new challenges throughout the divorce process, from case preparation and discovery to the negotiating table and the courtroom. Divorce is complicated – now more than ever.
Here are 4 ways divorce is more complex in 2026 than it was a generation ago:
- Newfangled assets. Cryptocurrency, NFTs, digital wallets, influencer income, the gig economy, side hustles, RSUs, IP, tech start-ups, deferred compensation…the list goes on and on. Unlike traditional bank accounts and tangible property, modern assets are not only more challenging to value but, in many cases, also easier to hide and harder to trace, requiring specialized forensic accountants to untangle. Disputes over this type of property can escalate rapidly when tensions are running high, and trust is low between splitting spouses.
- Other Digital Discoveries – New forms of wealth aren’t the only way online life is making divorce more complex. Historically, crucial evidence and decisions hinged on live testimony and traditional forms of investigation. Today, there’s a profusion of all kinds of digital evidence, which can impact almost any area of your divorce: property division, support, and even child custody. Text messages and email, social media profiles and interactions, device tracing and location sharing, dating apps, shared cloud accounts – almost nothing is truly private anymore, and once it’s on the interwebs, it’s basically there forever. It’s important to realize that your digital footprint can help or seriously hurt you. And if all that weren’t thorny enough, the rise of deepfakes and digitally doctored images/videos doubles down – it’s increasingly hard to know what’s real, and what you can trust – uncovering and verifying electronic records can take specialized expertise and significant time.
- Settlement controversy amid economic uncertainty. With the skyrocketing cost of living and a genuine affordability crisis (especially in major metropolitan areas like San Francisco and LA), concerns about job security (depending somewhat on industry and income bracket), and a decline in property values (steep or sharp, based on where you live), today’s divorcing couples are often facing financial strain and feeling especially wary about their economic futures. This can fuel heated disputes over marital settlements.
- Gray Divorce: The sharp rise in splits among couples age 50+ makes for a higher percentage of more complex divorces. Older couples who call it quits often own more stuff and have accrued more retirement benefits, making asset division more complex. They may be past the point of having custody issues to contend with, but may have kids in college or blended/step families to consider. Insurance policies and healthcare expenses become more urgent as we age. Spousal support issues can get more challenging as people near retirement, or if one partner has been out of the workforce for a long time. It’s also worth noting that, statistically, women’s standard of living declines more sharply than men’s after divorce, which can have an even greater impact when separating later in life. In some cases, women have less work experience to fall back on, or resumé gaps due to caregiving responsibilities, all compounded by the fact that older women statistically have a harder time reentering the job market.
Getting divorced in today’s climate can feel overwhelming, involving factors you wouldn’t have needed to consider even 20 years ago – and may not anticipate now. It’s essential to have the guidance of an experienced, tech-savvy family law attorney skilled in handling complex financial profiles and the unique aspects of modern marital conflicts. Trust the veteran team at SFLG.
By Debra Schoenberg
