THURSDAY, AUGUST 29, 2019 | SERVING CHICAGO’S LEGAL COMMUNITY FOR 164 YEARS | CHICAGOLAWBULLETIN.COM VOLUME 165, NO. 169 Changing generations bring changes to matrimony The generational divide that between 1990 and 2015, to get to know and under- between baby boomers and the divorce rate doubled for stand each other; it is only millennials has been hall- those between ages 55 and 64 once they believe that the marked by countless stark dif- and it tripled for those over other party is “the one” that ferences, many owing to the age 65. they then move toward con- unprecedented advances in This phenomenon — sidering marriage. technology and communica- known as “gray divorce” — Indeed, the rate of millen- tion over the past several marks a high point for divorce nial cohabitation before mar- decades. of those later in life with many riage is now as much as six Just think of all of the mon- seeking divorce for a second times more than that of their umental changes brought time in their “golden” years. MODERN elders. Living together is about by the development of Now, many of the children viewed as an accepted precur- FA M I LY computers followed by the of divorced boomers count sor to marriage. creation of smartphones, the themselves among the millen- Again, perhaps as a result of MICHELE M. JOCHNER advent of the internet and nial generation — those born being eyewitnesses to the emergence of social media. As between 1981 and 1996 — practical and legal conse- society changes over time, and they hold views of mar- quences of divorce on their generations develop differ- riage and divorce that are in MICHELE M. JOCHNERis a families, millennials are look- ences in opinion as well as in sharp contrast to those of partner at Schiller, ing to premarital agreements beliefs and values. their elders. DuCanto & Fleck LLP, after (commonly referred to as Recent studies show that Recent studies indicate that previously serving as a “prenups”) as one way to pre- judicial law clerk to Illinois one interesting and significant their firsthand knowledge of pare for a split should it Supreme Court Justices difference between these gen- the adverse impact of divorce occur. Charles E. Freeman and the erations is their view on mar- — including the resultant These agreements are late Mary Ann G. riage and divorce. Trad itionally, financial and emotional insta- viewed as an opportunity for McMorrow. She serves in baby boomers — born bility — combined with fear of the couple to discuss the divi- leadership positions with a between 1945 and 1964 — repeating those same mis- sion of assets and their future number of bar associations married at an early age, takes in their own lives, have finances in the event of and community divorced and then entered led millennials to marry at a divorce, thereby setting their organizations, is a frequent into second (and sometimes later age, after prioritizing expectations from the outset. lecturer and author on a third or more) marriages. education, financial stability Prenups are also an outgrowth variety of legal issues, and Notably, the boomer gener- and the establishing of a of parties having more time to has been an adjunct ation also coincided with the career. acquire their own separate professor at DePaul advent of no-fault divorce dur- Because financial problems assets as a result of delaying University College of Law ing the 1970s and early 1980s, between couples are often the marriage. and The John Marshall Law which eliminated the need to first step to a divorce, millen- In a 2016 survey conducted School. She can be reached plead grounds such as cruelty nials are delaying marriage in by the American Academy of at mjochner@sdflaw.com. or adultery as the reason for an effort to reduce financial Matrimonial Lawyers, roughly the split. Taking the “fault” out and emotional stress and to one-half of respondents of a divorce made it not only do what they can to avoid marriages was 20 for women reported an increase in pre- easier to obtain, but also more future disputes over finances and 23 for men. marital agreements among socially acceptable. and debt. In addition, studies show millennials and nearly two- Boomers have continued Statistics reveal that the cur- that millennials are waiting thirds saw an increase in such their affinity with divorce, as rent median age of first mar- nearly five years on average agreements overall between high rates continue within this riage in the United States is 27 after the start of a relationship 2013 and 2016. group even though many are for millennial women and 29 to get married. Rather than fol- According to an analysis by now into their 60s and 70s. A for millennial men; compare low the traditional norm of Philip Cohen, a professor of study conducted by the this to figures from between marrying first and then living sociology at the University of National Center for Family and 1950 through the late 1970s, together, millennials view Maryland, these fundamental Marriage Research revealed when the average ages for first cohabitation as an opportunity changes in the views of those Copyright © 2019 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.under age 45 have resulted in According to Cohen, it is divorce rate is “good for children enjoy advantages a drop in the U.S. divorce rate likely that roughly one-fourth people who are in happy over those who are not mar- by 18% from 2008 to 2016, of millennials will never marry. marriages and people who ried, including higher stan- leading some researchers to Indeed, those who have less plan to be or aspire to be in dards of living and increased conclude that today’s mar- education and lower financial happy marriages,” the stability. riages have an increased means are now opting to per- decline in divorce is also, in There can be no doubt that chance of lasting longer than petually live together rather his view, a sign that “marriage falling divorce rates are those in the past. than to ever tie the knot, lead- is becoming rarer and more socially beneficial, as divorce is However, although mar- ing Cohen to conclude that rarified.” difficult for all involved. It riage in the future may prove marriage is becoming “more As those who get married remains to be seen, however, to be more enduring, Cohen’s and more an achievement of are more likely to be college how future generations will analysis reveals that marriage status, rather than something graduates — who are often view marriage — and divorce may at the same time be evolv- that people do regardless of now also marrying each other — and whether the current ing into a more exclusive insti- how they’re doing.” — the fact remains that, over- trends will continue or tution. So, although the declining all, married couples and their abruptly change once again. Copyright © 2019 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.