Frustrated elderly couple

Considerations When Divorcing Later in Life

Caleb Bland Law, PLLC Feb. 28, 2022

While divorce remains a common experience among younger couples, older couples are not left out. According to a recent report by the U.S. Census Bureau, divorce rates were highest (approximately 43%) for adults of both sexes between ages 55 and 64 years.

For older couples, filing for a late-life divorce can be emotional, yet liberating. A knowledgeable Kentucky divorce attorney can enlighten you about some of the things to consider when divorcing later in life and help you navigate crucial decisions.

At Caleb Bland Law, PLLC, we’re dedicated to providing knowledgeable legal guidance and reliable advocacy to seniors and older couples in divorce-related matters. As your legal counsel, we can help protect your best interests, guide you through the complex divorce process, and help you move forward quickly.

Caleb Bland Law, PLLC proudly serves clients across Elizabethtown, Shepherdsville, Radcliff, Louisville, Grayson County, Hart County, Bardstown, and throughout other neighboring areas in Kentucky.

Common Reasons People Divorce Later in Life

A late-life divorce, also known as a gray or silver divorce, is a marital dissolution that occurs after the spouses have reached 50 years old. Here are some common reasons why seniors and older couples may decide to call their union quits:

  • Ongoing disagreements and conflicts that are never resolved

  • Differences in lifestyle choices

  • Lack of attention or communication

  • Betrayal or major disagreement that causes the couples to grow apart

  • Active addictions

  • Unwillingness to deal with the consequences of aging and changes in the body system

  • Retirement

  • Lack of physical touch or intimacy

  • Conflicts in values

  • Going through a life-changing experience such as a severe illness, health scare, or death

  • Regrets about earlier life choices

  • Desire to achieve greater independence or live independently during their later years

If you are considering a silver divorce, it is important that you speak with an experienced divorce lawyer as soon as possible. Your attorney can help you understand the critical issues related to divorcing later in life and some of the vital considerations.

Things to Consider

Here are some crucial considerations when thinking about filing for late-life divorce:

  • Property Division: Asset division in decade-long marriages often involves several complexities. Trying to differentiate between separate property and marital assets or determining the right value of retirement funds can make the asset division process even more daunting and complex.

  • Retirement: When dividing the couple’s retirement benefits in a gray divorce, the couple must consider the type of retirement account, as well as the rules associated with it. Depending on the surrounding circumstances, dividing retirement benefits may require a separate court order.

  • Spousal Support: For seniors and older couples going through a divorce, alimony can make a huge difference. As a result of old age, the recipient spouse may not be able to learn a skill, work, or secure a new job to become self-supporting. At the same time, the potential paying spouse may not have sufficient resources or income to make spousal support payments.

  • Social Security: Unfortunately, the Kentucky court may not be able to help older couples divide Social Security benefits. The couple may need to hire a qualified financial analyst or tax professional to help evaluate and divide their Social Security benefits equitably and fairly.

  • Estate Planning: Before you file for silver divorce, you must review or adjust your estate plan, including the beneficiaries in your will or trust, powers of attorney, advanced healthcare directives, and retirement plans. You may have to remove your estranged partner from any designated role or beneficiary. Most importantly, make sure that the new changes reflect your present wishes.

A skilled Kentucky divorce attorney can advise you on different things to consider when contemplating a late-life divorce and help you navigate key decisions.

How Caleb Bland Law, PLLC Can Help

Filing for a late-life divorce usually involves heightened emotions. On a positive note, divorcing later in life can be emancipating and help you find happiness. However, there are various vital considerations when filing for a gray divorce. Therefore, consulting with an experienced family law attorney is paramount for detailed guidance and to help you make informed decisions.

At Caleb Bland Law, PLLC, we are dedicated to handling complex legal matters involving late-life divorces. As your legal counsel, we will evaluate every aspect of your unique situation and enlighten you about your possible legal options. Our trusted team will work diligently with all parties involved to settle late-life divorce matters – including division of assets, alimony, retirement, Social Security, and estate planning – and help make your transition as seamless as possible.

Contact Caleb Bland Law, PLLC today to schedule a simple case assessment with a knowledgeable divorce attorney. Our dedicated team can offer you the personalized legal counsel, support, and reliable advocacy you need to make intelligent decisions regarding your late-life divorce. We proudly serve clients across Elizabethtown, Shepherdsville, Radcliff, Louisville, Grayson County, Hart County, and Bardstown, Kentucky.