What is a gray divorce?

| Feb 22, 2021 | Property Division

Divorce is a legal process that can happen to couples of any age. Young people may choose divorce soon after their weddings, and older couples may elect to end their marriages after decades together. There is no right or wrong time to divorce, but when a California couple decides to end its marriage can impact what should be prioritized. This post will generally discuss gray divorces and how they may differ from other divorces. No legal advice is offered in this post, and readers with questions should contact their family law and divorce attorneys.

Recognizing the differences in a gray divorce

A divorce is more than the end of a marriage. It is also a process to settle custodial, financial, and property-based matters between two parties. Depending on when a divorce happens in a couple’s marriage, the parties may have to address the following issues:

  • Child custody and visitation rights
  • Child and spousal support
  • Property division based on community property laws

When older adults divorce, some of these issues may disappear from their divorce negotiations. Children who have grown and are adults will no longer require custody and support determinations, and visitation will not need to be established due to a lack of minor kids. Parties to gray divorces may, however, have greater financial assets to divide based on the time their investments and assets have had to grow.

Also, as individuals age, they may become less likely to enter the workforce to support themselves after divorce. When a gray divorce happens, a spouse who has been financially dependent on their soon-to-be ex may not have the ability to get the training or education they need to find a sustainable job. Spousal support may be a significant divorce matter for a financially dependent individual going through a divorce.

The individual nature of divorce

Even though general differences may exist between gray divorces and others, there is no single way to classify all divorces between parties of an older age. Every divorce will proceed based on the parties’ needs and expectations. In order to receive the best possible information and advice on one’s own gray divorce, contact with a trusted divorce attorney is advised.

 

Archives