FAQs About Handling A Gray Divorce

Divorces that occur after the age of 50 are considered to be gray divorces. A gray divorce can be just as complicated as the separation of a younger couple. If you are going through a gray divorce, here is what you need to know.  

Why Are Gray Divorces Complex?

Gray divorces have a number of factors that are more relevant because of the age of the spouses. For instance, how retirement funds are going to be divided is a major issue because both parties are near to or already at retirement age.  

Other factors that can complicate a gray divorce include estate planning, Social Security benefits, and the future care of both spouses if they are unable to physically care for themselves. The mental competency of one or both spouses can also be a factor due to age-related conditions that can impact whether or not a spouse is able to represent their own interests.  

Will Alimony Be Required?

If you and your spouse were married for a long time, chances are that one of you will receive alimony from the other spouse. In a long-term marriage, either one person has been the breadwinner or there have been two incomes contributing to the household. Either way, there is a standard that is set that the judge will take into consideration when determining if there is a need for alimony. 

For instance, if both spouse's worked, the judge could look at the higher-earning spouse as the main contributor to the household and require him or her to pay alimony to help their soon-to-be-ex spouse maintain the standard of living that was set throughout the marriage. How much that contribution will be is based on a number of factors, including how much the recipient is earning.  

What Mistakes Should You Avoid?

During the divorce negotiations, it is important that you and your spouse pay special attention to matters like Social Security. Failing to do so could prove to be costly.  

For instance, one of the biggest mistakes you could make is failing to realize that as your spouse ages, the higher the risk of him or her dying is. If you are receiving alimony payments from him or her, the payments will stop if your spouse dies. This could create a tricky situation for you if you are dependent on those payments. One way to handle this is to include an insurance policy in your divorce negotiations. If your spouse dies, you can receive the payout from the policy.  

A family law attorney like Joanna Cobleigh Esq can help you determine which other gray issues to consider in your divorce.


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