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How are ‘grey’ divorces different?

On Behalf of | Mar 5, 2019 | Property Division |

Would you believe that your odds of getting divorced are increasing as you age? It’s true. Divorce now affects one out of every four people over 50 years of age — and that figure is expected to rise.

Divorcing when you’re young is rough enough, but older couples have additional challenges they have to face. Here are some of the facets of divorce that are different when you’re older:

Your children are impacted differently.

It doesn’t matter that your children are adults. They may still have very strong reactions to your divorce. Unlike small children, however, they may try to intervene and talk you out of divorcing. Some adult children may feel frustrated or angry — particularly if they think that one parent is to blame for the situation.

The division of assets can be harder.

When you’ve lived with your spouse for decades, it may be harder to divide marital property from non-marital property. There may also be problems trying to divide the marital investments, pensions and any insurance policies. It’s rare that both spouses hold equal amounts in their name, so a fair division may take some serious negotiation.

Health insurance is a serious concern.

If one half of the aging couple is no longer working (or hasn’t worked outside the home in years), they likely have insurance coverage through the employed spouse. The prospect of losing one’s insurance in later life — before Medicare kicks in — could be a cause for major concern.

Social Security benefits have to be figured into the split.

Social Security benefits can’t be divided up in a divorce. However, the Social Security a dependent spouse is due to receive may be part of the calculations when it comes time to figure out what spousal support needs to be paid.

Are you facing a divorce after 50? If so, your attorney can help you better understand the complications and challenges you may soon face — and provide you with experienced guidance moving forward.


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