At Russell Alexander Collaborative Family Lawyers, we often hear clients reflect on the vows they once made: “for better or for worse, in sickness and in health.” But what happens when health challenges actually become the tipping point in a marriage?
A recent article by Hunter Boyce in The Atlanta Journal-Constitution highlights an eye-opening trend: spousal illness—particularly when it affects women—may significantly increase the risk of divorce among older couples. The original article, titled “In Sickness and in Health? New Pattern in Divorce Suggests Otherwise”, reviews a European study published in the Journal of Marriage and Family. It tracked 25,000+ heterosexual couples over 18 years and found that wives’ illness was correlated with a higher risk of divorce, while husbands’ health struggles were not.
Why Is This Happening?
According to psychologist Mark Travers, gender expectations may be partly to blame. When women—who often take on caregiving, household, and emotional labour—fall ill, the relationship dynamic can shift dramatically. In some cases, that shift becomes too much for the couple to withstand.
The article also notes the rise in what’s called “gray divorce,” or separation later in life. In Canada, we’re seeing similar trends: spouses over age 50 are increasingly seeking new paths forward after decades of marriage. Life expectancy is longer, social stigma is reduced, and many people are no longer willing to endure unfulfilling or unsupported relationships in their later years.
For couples in Ontario, illness and caregiving responsibilities can raise not just emotional strain, but legal and financial issues as well:
- Spousal Support: Courts may consider a spouse’s health when determining entitlement and amount of support, especially if illness affects earning capacity or independence.
- Property Division: Health-related expenses and caregiving costs may factor into equitable distribution.
- Capacity and Consent: A sick or vulnerable spouse may need additional legal protections, including power of attorney or capacity assessments.
If illness or aging is putting pressure on your marriage, it’s important to get both legal and emotional support. Mediation, collaborative family law, or a compassionate legal consultation can help you understand your rights while preserving dignity and respect for both parties.
While the vow of “in sickness and in health” is noble, the reality is more complex. If you or your spouse are dealing with major health changes and considering separation, it’s vital to plan thoughtfully.
At Russell Alexander Collaborative Family Lawyers, we’re here to help you navigate these challenges with empathy and expertise.
