Unique Challenges of Later-in-Life Divorces

Filing for divorce is never easy, regardless of the couple’s ages. However, the transition to life after divorce is often harder when it happens later in life and you have been married to your spouse for a long period of time. You must consider the challenges that come with divorce from a different perspective than someone younger would. Older couples also face unique issues to consider, including health problems, fixed incomes, and dividing retirement plans that are already being paid out to one spouse or the other. Our team of divorce attorneys is ready to help you through the unique challenges of later-in-life divorces.

Financial Challenges

The first worry you may have is dividing assets and other financial decisions. Property division can be a difficult process when you and your spouse have accumulated many assets over the years. This includes real estate and bank accounts, but extends to retirement assets and investments. While you may not think about the correlation between property ownership and benefits afforded to seniors, especially low income seniors, obtaining a particular asset or assets in the divorce may impact your eligibility if you or your spouse require assisted living or nursing care. Additionally, a skilled later-in-life divorce attorney will often work with estate planners because the divorce may affect wills, trusts, and beneficiaries for life insurance.

Since retirement is not far away, or perhaps you and your spouse are already retired, you must determine how to divide up retirement assets. If you stayed at home to raise the children during your marriage, the retirement money is most likely only in your spouse’s name and you must know what your rights are to get your fair share of it.

Although Social Security benefits cannot be divided in a divorce, you may be able to receive Social Security if your circumstances and your ex-spouse’s earnings record meet certain requirements. For example, your marriage must have lasted at least ten years or longer, you must be unmarried, your ex-spouse must be at least sixty-two or older, and you are likely to receive more based on your ex-spouse’s earnings history than your own.

Considering Others Involved

Since there is no legal concern for custody of adult children, the emotional effects on adult children are often ignored. Regardless of a child’s age, a parental divorce will be stressful and emotionally taxing. This is why it is important that you and your ex-spouse coordinate family functions and gatherings to avoid future conflicts. If you cannot be amicable in the same room, account for that when planning social gatherings. Avoid using your children as friends to vent to about your former spouse. Let them maintain their relationship with their other parent without forcing them to pick a side. A parent-child relationship is truly forever – they will always view you as their mom or dad.

There is no age where divorce is easy. Having a later-in-life divorce presents its own unique challenges that require careful consideration and planning. To ensure that you receive your fair share, call our office today for guidance through this difficult time in your life.