This article has been written by Ms. Kumari Shalini, a fourth-year student of Lloyd Law College, Greater Noida.

ABSTRACT

In India, societal conventions and cultural beliefs traditionally emphasize the importance of family unity. As such, divorce can have diverse repercussions on senior folks. Elderly people’s emotional, social, and financial well-being can all be negatively impacted. A decreasing proportion of adults are choosing to age alone. At the same time, an increasing number are getting divorced, getting married again, entering into romantic relationships outside of marriage, or choosing to remain single. As older adults navigate complicated decisions like inheritance and caregiving, remarriage and the creation of stepfamilies present both opportunities and challenges. The health of older persons is significantly impacted by family bonds, which function through both biological and psychosocial factors. 

Roles and relationships within later-life families are shaped by a multitude of factors, including relational factors like one’s social networks, life course experiences like childhood conditions, and macro-level factors like public support and cultural norms regarding families. The impact of marriage on the well-being of older persons is generally in line with stress process models, which outline the mechanisms by which stress influences mental health and the variables that mitigate these relationships, like coping resources. Thus, this article aims to shed light on the emotional, social, and economic consequences of divorce on the elderly population in India. 

INTRODUCTION 

Aging societies’ demographic shifts have brought about significant changes in the latter decades of the life cycle, affecting how all areas of life, including work, leisure, and family, are organized. People’s ability to have meaningful and lasting relationships with family members and other social ties increases as average life spans rise, especially those years without significant health or handicap concerns. But as evidenced by the sharp rise in divorce and separation rates among older individuals since 1980, longer life expectancies also provide new difficulties in readjusting to social roles as people age, which may be stressful and emotionally upsetting. People are part of a network of family relationships made up of spouses, kids, grandkids, siblings, and other confidants, which provide for a variety of emotional, social, and material requirements, especially in middle and old life. Therefore, any role changes that affect extremely complex family structures in old age may have a profound impact on the mental health of the person going through the changes as well as their closest social connections.

Since older persons typically take on fewer social duties (e.g., after retiring from employment) and a significant fraction of older adults have strongly family-centered social networks, changes in marital status, whether positive or bad, may be especially important for older adults’ mental health. The divorce rate has recently increased, suggesting that future seniors will experience divorce significantly differently.

The change in the percentage of people who will have never been divorced is most definite. The Census Bureau forecasts that 38% of women and 34% of males born between 1945 to 1949 who ever married would terminate their first marriage in divorce, based on divorce statistics in the years shortly before 1975.

Unravelling the impact of Divorce on Elderly individuals in India 

Emotional Toll

• Loneliness and Isolation: Divorced seniors frequently experience increased levels of loneliness and isolation. India’s traditional family structure, which usually consists of several generations cohabiting, is upended, depriving the elderly of the emotional care they traditionally depended on.
• Stigma and Shame: Older people in India are especially vulnerable to the pervasive societal stigma attached to divorce. It may be difficult for individuals to reconstruct their lives after a divorce because of the guilt and condemnation they may feel from their communities.
• Mental Health Issues: Elderly people may experience mental health issues as a result of the emotional strain of divorce. Common experiences include depression, anxiety, and a sense of loss, which are made worse by the lack of understanding and assistance surrounding mental health concerns in this day and age.

Social Impact

• Changing Social Dynamics: Divorce frequently causes a reorganization of family dynamics, which affects intergenerational relationships. Emotional upheaval may result from elderly people being caught in the crossfire of difficult relationships between their offspring and past spouses.
• Loss of Social Status: Divorce can cause older people to lose their social standing in a culture that places a high value on the stability of families. Within their communities, they might get different treatment, and their efforts and opinions might be undervalued.

Economic Challenges

• Financial Instability: For elderly people, divorce can cause financial difficulties, particularly if they are financially dependent on their spouses. They may become economically vulnerable due to the separation of their assets and the lack of financial support in a society where social safety nets for the elderly are still developing.
• Limited Employment prospects: It can be difficult for older people to renter labour, and this makes their financial difficulties worse. Seniors who lack professional prospects are particularly affected. This is particularly true for people who might not have had a strong financial background or a lot of work experience.

Health consequences

• Physical Health Problems: Elderly people may experience physical health problems as a result of the stress and emotional toll of divorce. It could make conditions like hypertension and heart issues worse.
• Impact on Longevity: Research indicates that bad health outcomes associated with marital disturbance, such as divorce, may have an impact on the longevity of senior citizens.

The Present Study

In older populations, patterns of marriage transition have become more nuanced. Less is known about the relationship between depression and marital transition in old age, within individuals across time, and their variance along important sociodemographic variables like educational attainment, despite a large body of studies relating life events to depression. More precisely, we sought to prospectively monitor marital transitions and their effects on individuals’ mental health over time, utilizing extensive longitudinal data and analytical techniques appropriate for examining within-person change and variance. The life course approach holds that social roles shape human lives from conception to death in terms of timing, sequence, and interaction. Transitions are defined as distinct status changes in roles that establish interconnected trajectories of life domains like the family and structure life courses. Examples of this include getting married and losing a spouse. Although people navigate and shape experiences connected to job transitions genetically, the sociohistorical setting and the decisions made by their closest social links both embed and constrain their behavior.

People are part of a network of family relationships made up of spouses, kids, grandkids, siblings, and other confidants, which provide for a variety of emotional, social, and material requirements, especially in middle and old life. Therefore, any role changes that affect extremely complex family structures in old age may have a profound impact on the mental health of the person going through the changes as well as their closest social connections. It includes:

The Function of Parent-Child Disconnection

Individual well-being is significantly protected by social assistance. One of the most crucial networks of support is the parent-child bond, especially for older adults whose social networks are getting smaller. Parent-child interaction gives adult children the chance to support and care for their parents in different ways when they are in need, which in turn improves parental well-being. Previous studies have demonstrated that older parents having at least weekly contact with their children had considerably lower levels of depressive symptoms than parents without such interaction.

When their parent’s divorce, adult children respond in different ways. While some people are angry about their parents divorcing after a lengthy marriage, others are understanding or supportive of their parents’ divorce.  Adult children may be unhappy about their parents’ split or want to spend less time with them so they won’t have to deal with their parents’ arguments. This decreased parent-child interaction occurs at a time when parents may be most in need of adult children’s support and guidance as they work through a divorce.

The legal system acknowledges senior citizens’ rights and vulnerabilities about family matters. The difficulties that older people encounter during and after a divorce may be implicitly reflected in laws about maintenance, property division, and general well-being. These are some broad legal guidelines concerning divorce and senior citizens in India:

1. Laws about Maintenance:

• The 2007 Act for the Maintenance and Welfare of Parents and Elderly People: This statute, which has nothing to do with divorce specifically, highlights adult children’s duty to care for their aging parents regardless of their marital status. It acknowledges older people’s financial vulnerability and gives them legal channels to request maintenance.

1. Property Rights:

• Hindu Succession Statute, 1956: This statute specifies how property is divided among family members, including spouses, in divorce proceedings including property partition. Elderly people may have particular property rights, and the court will take into account things like each party’s requirements and financial contributions.

1. Guardianship and Custody:

• The Guardians and Wards Act of 1890 states that when minor grandchildren are involved, the court may take the child’s best interests—including the grandparents’ contribution to the child’s upbringing—into consideration. In some circumstances, grandparents may even ask for custody or visitation rights.

1. Maintenance of wives and Elderly people:

• In the event of a divorce, a wife, particularly an old wife, may request maintenance from her husband under Section 125 of the Code of Criminal Procedure, 1973. In a similar vein, elderly parents who are unable to support themselves could ask their kids for help.

1. safeguarding the elderly from abuse

• The 2007 Maintenance and Welfare of Parents and Older Adults Act: In addition, this act addresses the problem of elder abuse and neglect and offers legal recourse to guard against it.

1. Stopping the Mistreatment of Women:

• Act of 2005 to Protect Women from Domestic Violence: Women, especially senior women, are shielded from domestic abuse by this statute. It may be pertinent in situations where older people experience harassment or abuse from family members.

What is this Silver Divorce? And why is it rising rapidly?

In India, divorcing after 25 years or more of marriage is known as “silver divorce.” Couples that opt for this kind of divorce are in good health and don’t have any serious problems with one another. They’re over being together and want to lead separate lives. In India, the number of peaceful divorces is rising. The pair decides to split up and get a divorce.

The occurrence of this phenomenon has increased recently and is impacted by several social, cultural, and economic variables. The following are some major causes of the increase in silver divorce:

1. Shifting Perceptions of Marriage: Marriage-related attitudes have changed, with a greater focus now being placed on happiness and personal fulfilment. People may feel more emboldened to file for divorce later in life if they think it would result in a more honest and happy existence when social standards alter.
2. Extended Life Expectancy: People are living longer thanks to developments in healthcare and enhancements in general well-being. As a result, people could reevaluate their relationships and life decisions after realizing they have more years to live and might prefer to spend them differently.
3. Financial Independence: A lot of people who are getting close to retirement age are financially stable, which enables them to think about getting a divorce without having to worry about money the way they would have in the past. Financially independent people may be able to make decisions based on their happiness.
4. Empty Nest Syndrome: Couples may experience the “empty nest” syndrome after their children have grown and moved out. Couples may reassess their relationship and discover that they have become more distant as a result of having fewer parental obligations.
5. Individualism and Personal Development: Personal development and happiness have become more important. Even if it means divorcing a long-term spouse, some people may decide to put their well-being first and pursue new experiences or relationships.
6. Legal and Financial Protections: In the case of a divorce in later life, legal frameworks have developed to offer financial protection for individuals. The possibility of divorce may become more realistic depending on factors including spousal support, property distribution, and other legal issues.
7. Access to Support Services Has Increased for Therapeutic and Counselling Services: The acceptance and accessibility of therapy and counselling services have grown, giving couples more tools to deal with difficulties in their relationships. Some people might still determine that a divorce is the best course of action for their satisfaction, though.

CONCLUSION 

Divorce has a profound effect on Elderly citizens in India that extends beyond the courtroom; it affects their emotional health, social status, and financial security. The way that society views divorce is changing, and it is important to acknowledge and address the particular difficulties that older people have in adjusting to life after divorce. Efforts aimed at raising awareness, de-stigmatizing, and providing support for the elderly can foster a more compassionate and welcoming community where people feel more prepared to handle the difficulties associated with a late-life divorce.  

REFERENCES 

• Originally written by Deborah Carr, Journal of Marriage and Law, Families in Later Life: A Decade in Review. The link for the same is given herein: https://www.midus.wisc.edu/findings/pdfs/2251.pdf
• Lieber, J., Clarke, L., Timæus, I. M., Mallinson, P. A. C., & Kinra, S. (2020, August 1). Changing family structures and self-rated health of India’s older population (1995-96 to 2014). SSM-Population Health. The link for the same is given herein: https://www.sciencedirect.com/science/article/pii/S2352827319302587
• Recksiedler, C., & Stawski, R. S. (2018, November 27). Marital Transitions and Depressive Symptoms among Older Adults: Examining Educational Differences. Gerontology. The link for the same is given herein: https://karger.com/ger/article/65/4/407/148724/Marital-Transitions-and-Depressive-Symptoms-among
• Divorce and the Elderly, written by Peter Uhlenberg and Mary P. Myers, Oxford Journals. The link for the same is given herein:https://citeseerx.ist.psu.edu/document?repid=rep1&type=pdf&doi=af45b14949a99a35d474f9bb5d6247fb1f8bbf4f
• Effects of Divorce on Mental Health, written by DR. Mamta Trichal, The International Journal of Indian Psychology ISSN 2348-5396. The link for the same is given herein: https://ijip.in/wp-content/uploads/2021/09/18.01.128.20210903.pdf
• Gray divorce and parent-child disconnectedness: Implications for depressive symptoms, written by Susan L. Brown, the link for the same is given herein: https://onlinelibrary.wiley.com/doi/10.1111/jomf.12936