The phenomena of divorce over the age of 50, that we have noted before, does not appear to be slowing . With people living longer and more people looking for fulfillment , love and excitement throughout their lives and into the senior years, and with the increasing “empty –nest” syndrome, the gray divorce trend continues.
If you are contemplating or going through a later in life divorce, there are unique factors that you may confront, and that should be discussed with your attorney and other professional advisors. We outline some of those here below:
Gather a Team of Trusted Professional Advisors and Seek Their Support and Advice
For many going through what some call a “gray divorce” or “silver separation” this may be a second divorce. Thus, individuals may be inclined to remember the first experience and use that as a guidepost—even returning to the same attorney. That may not always be wise. The issues that you confronted in your thirties or forties were quite different from those now facing you. Later in life you may be looking toward retirement, or already be in active retirement. You and your spouse have accumulated different and usually greater assets; you may have second families; you may have different medical issues (either now or coming up); and you may have different needs for support and alimony. There are different implications for taxes, wealth preservation and transfer. In addition to needing the advice of an attorney experienced in elder divorce, you may need the services of an accountant/tax advisor, an estate planner and a financial advisor. Your attorney can take the lead in helping put this team together, or you may have professionals you have worked with before. However. if you and your spouse shared advisors, now there may be a conflict for one of you to use any of these professionals, or you may just wish to hire someone neutral.
Alimony and Spousal Support
Depending upon the assets that are to be divided, and numerous other factors, alimony may or may not be awarded in your case, but certainly it is something that must be considered. The laws of alimony differ in all jurisdictions. In most states the notion of alimony for life is an antiquated concept. Even in situations where the dependent spouse has little ability to return to work, or “catch up” financially, it is highly unlikely that she/he will receive a monthly payment for life. This does not mean, however, that there is no entitlement to alimony, or for the greater earner, the need to pay. Understanding rules surrounding the right to alimony, and how to structure the amount and duration of alimony is critical.
Maintaining Good Health Insurance
Having health insurance is essential as one ages and now a legal requirement for all. Continue reading