Facing divorce at an older age is much different than divorcing at a younger age. Your identity as a couple is sound, and you have shared so many experiences together. When divorcing at an older age, there might be more pressing financial concerns and worries regarding healthcare. At Stange Law Firm, our divorce attorneys understand these complicated situations, so we want to do whatever we can to help this transition pass with ease and the least amount of stress.
No matter what your age is when your divorce occurs, these events can cause tremendous amounts of financial, emotional, physical, and mental stress and uncertainty. The dissolution of a longer-lasting marriage can make these stressors much worse. It is common, therefore, that gray divorces come with their own set of unique complexities and challenges.
What Is a Gray Divorce?
Gray divorce is a term that is used for any divorce that occurs between an older couple who have been together for a long period of time. Gray divorce does not include divorces between older couples who are experiencing their second or third marriage. There can be many more complications involved in a gray divorce, including retirement plans, the division of retirement accounts, and the implications that the divorce will have on the couple’s estate plan or wills.
How to Prepare for a Gray Divorce
In a gray divorce, there are several things that you will want to take into account as you prepare for the impending legal process that you and your spouse will have to go through. The following are tips that may help you navigate your divorce:
- Seek Legal Help: With more to lose, you need the assistance of experienced legal professionals. Now is the time to find an attorney who has experience working with gray divorce cases, as they can understand your unique needs and interests.
- Understand Your Current Finances: It might be wise to enlist the help of a financial advisor who can look over your financials and help you comprehend where you are in terms of monetary assets. They can also help you better understand any tax implications that might be involved with your divorce.
- Consider Litigation Alternatives: Court battles can be stressful, expensive, and, at some times, unnecessary. You can try to have your divorce resolved outside the court through mediation. A collaborative divorce gives you and your spouse the freedom to resolve any areas of contention via a series of meetings rather than in court.
- Accept Lifestyle Changes: You are probably used to things being a certain way. However, after the divorce, your lifestyle will most likely change. You might not be able to afford everything you once did. You might also need to face downsizing your belongings. Later, you may want to start dating again. In any case, you will need to speak with your adult children about the divorce.
- Take Care of Your Mental and Physical Health: It is of paramount importance that, during your divorce proceedings, you ensure that your mental and physical health and well-being are being taken care of. Activities like eating well, exercising, and practicing mindfulness are all good ways of taking care of yourself during this stressful time.
- Discover New Income Sources: Depending on the exact situation of your life prior to and after the divorce, you may need to find a way to support yourself. You might be able to look into education for those reentering the workforce after a time away or learn about the career options that might be available to you.
- Stay Optimistic About Your Future: While it feels like the end of all things you’ve known for quite some time, divorce can also be the beginning of something new and exciting. With the right mindset, you can actually emerge from your divorce with confidence and options.
Am I Eligible for Spousal Support in a Gray Divorce?
Yes, in a gray divorce, you are eligible to receive spousal support. Spousal support, or alimony, is a form of financial support where one spouse is required to make payments to the other spouse following the divorce. The main priority of spousal support is to ensure that the spouse receiving the payments is able to maintain their style of living. It is typically awarded to spouses who raised the couple’s children and gave up their careers.
A judge typically makes the final ruling on the amount of spousal support that one may receive.
FAQs
Q: How Can I Manage the Impact of Divorce on My Relationships With Family Members?
A: When an older couple divorces, there are still plenty–if not more–people who might be hurting following this decision. In these cases, it is important to remember that everyone has their own thoughts and feelings on the divorce, and there might not be much you can do to change their minds or ways of thinking. Instead, focus on being a positive presence when spending time with family. Do not bad-mouth your spouse, but use this time to strengthen family bonds.
Q: How Much Does It Cost to Hire a Divorce Lawyer?
A: Unfortunately, it can prove difficult to offer an exact estimate of how much it may cost to hire a divorce lawyer. There can be quite a few factors that go into the final cost analysis of retaining legal representation in a divorce case. These can include the complexity and length of your case, if your spouse and their legal team decide to cooperate, and the case record of your attorney.
Q: Can I Receive Social Security Benefits Following a Gray Divorce?
A: Yes, fortunately, even if your spouse remarries, you may still be eligible to receive Social Security benefits based on the record of your ex-spouse. However, you must meet certain criteria to do so. Typically, you must have been married for at least 10 years, you remain unmarried, and you are 62 years old or older, among a few others.
Q: What Legal Documents Should Be Updated or Reviewed After a Gray Divorce?
A: During the course of your gray divorce, there are several legal documents that should be updated or revised. These can include:
- Any revocable trusts
- Other trusts
- Your medical power of attorney
- Your last will and testament
- Your financial power of attorney
- Any shareholder agreements
You will also want to update insurance policies and make any necessary adjustments to your investments.
Contact a Trusted Divorce Lawyer Today
If you or a loved one is experiencing a gray divorce, know that there are people out there who are ready to help. At Stange Law Firm we understand that divorce is scary, but it is especially so later in life. We want to be here to help you in whatever way you need. Contact us to schedule a consultation today. We can assist you in navigating the complexities of your gray divorce.
