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What issues take center stage in a ‘grey divorce’?

On Behalf of Cullen Family Law Group | Oct 6, 2020 | Divorce |

When a couple in their 50s or 60s in the Riverside area decide to divorce, their divorce may look very different from their counterparts in their 20s and 30s. When it comes to a “grey divorce” issues such as child custody or child support may not be relevant if the children are grown and out of the house. However, financial issues such as property division may be very important, especially if the couple is near retirement or has already retired. The following are some financial tips those going through a “grey divorce” will want to keep in mind moving forward.

Property division in a grey divorce

California is a community property state with regards to property division. However, when it comes to a grey divorce, even if assets are split 50-50 in the property division process, their cost basis and tax treatment may differ.

Divorce and the family home

The marital home also is a major asset in many grey divorces. Generally, divorcing couples can sell it and split the equity, one spouse can keep it and the other spouse can be granted assets of an equal value, one spouse can buy out the other’s share in the home, or both spouses can continue to jointly own the home post-divorce. Couples in a grey divorce will want to consider their current and future living arrangements, so appropriate choices can be made regarding the family home.

Retirement plans in a grey divorce

Retirement plans are essential to many of those going through a grey divorce. For non-IRA accounts, a qualified domestic relations order (QDRO) should be used when it comes to the division of these accounts in a divorce. However, QDROs are legal documents, so this is not something couples should try to draft on their own.

Property and financial issues are at center of a grey divorce

As this shows, while divorce legal issues regarding children may not be relevant in a grey divorce, financial issues and property division issues will take center stage. However, every divorce is unique, and issues that may be present in one couple’s divorce may not be present in another couple’s divorce. This post does not contain legal advice, so those going through a divorce at any age will want to seek professional guidance so they can make informed decisions that are in their best interests.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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