If We Get Divorced in Our 60s, Who Can Stay in Our Home?

 Posted on November 12, 2025 in Asset Division

Divorce at any age is difficult, but for couples in their 60s and older, there are unique questions that need answering. After decades of building a life together, many couples have concerns about retirement savings, healthcare, and where they will live. For many, the marital home represents security, comfort, and memories with grown children. Deciding who gets to stay in it after divorce can be extremely challenging.

If you are thinking about getting divorced in 2025 and are wondering where you will live before, during, and after the divorce, contact our Yorkville, IL divorce attorneys. We can help. 

How is Your Home Divided in a Divorce?

Illinois follows a system called equitable distribution, which means property is divided fairly, but not always equally. The court looks at several factors under 750 ILCS 5/503. These include each spouse’s income, how long the marriage lasted, and each spouse’s future financial needs, especially during retirement.

The marital home is typically considered marital property if it was purchased or paid for during the marriage. That means both spouses have a claim to it, even if only one person’s name is on the deed or mortgage.

What Options Do Couples Have for the Marital Home in a Divorce?

If neither spouse can afford to buy out the other or maintain the home alone, the court may order it to be sold and the proceeds divided. However, there are several other options depending on your circumstances:

One Spouse Stays in the Home Temporarily

In some cases, the court may allow one spouse to stay in the home for a set period, especially if the other spouse can live elsewhere comfortably.

One Spouse Buys Out the Other’s Share

If you want to keep the home, you can buy out your spouse’s equity, either through cash, refinancing, or by giving up another asset, such as part of a retirement account.

The Home Is Sold and the Profits Are Divided

When keeping the home is not financially realistic, selling it may be the fairest option. This allows both spouses to start fresh and use their share to purchase smaller, more manageable housing.

The Home Is Co-Owned Temporarily

Some couples choose to keep the house in both names for a few years after the divorce, especially if the housing market is weak or one spouse needs time to transition. This option requires careful legal planning to avoid arguments in the future.

Call a Yorkville, IL Divorce Attorney

If you are in your 50s, 60s, or beyond and facing divorce, you do not have to make these major financial and emotional decisions on your own. At Divorce Over 50 - Goostree Law Group, our Kendall County divorce lawyers help clients figure out these complex property issues. We understand the unique challenges of later-in-life divorces and can help you protect your future and financial stability.

Call 630-634-5050 today to schedule a free consultation and discuss your options for keeping or selling your home after divorce.