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Divorce at any age can be complex and emotionally challenging, but for couples over 50, often referred to as experiencing a “gray divorce,” the process carries its own unique considerations. While the overall divorce rate in the U.S. has declined in recent years, the rate of divorce among those 50 and older has steadily increased—doubling since the 1990s, according to Pew Research.
Whether you’re approaching retirement, adjusting to an empty nest, or reevaluating what you want from the rest of your life, understanding the nuances of divorcing later in life is critical. Here’s what you need to know about gray divorce.
Several factors contribute to the rise in gray divorces:
One of the most critical components of a gray divorce is dividing retirement savings. Pensions, 401(k)s, IRAs, and other retirement accounts are often among a couple’s largest assets. These accounts may be subject to equitable distribution, and in many cases, a Qualified Domestic Relations Order (QDRO) is required to split them properly.
Long-term marriages often result in one spouse being entitled to alimony, particularly if they sacrificed career opportunities to support the household or raise children. Courts will assess age, health, income, and the ability to become self-sufficient when determining support.
Health care becomes a more significant concern as people age. If one spouse relied on the other’s employer-sponsored health insurance, divorce may require exploring other, often costly, coverage options.
Divorce necessitates updates to wills, powers of attorney, and beneficiary designations on life insurance, retirement accounts, and other assets. Overlooking these details can lead to unintended consequences.
While many gray divorces are amicable, the emotional toll can still be heavy. The dissolution of a decades-long partnership may feel like the loss of a life’s foundation. It’s important to seek emotional support through counseling, friends, or support groups to navigate this major life transition.
At Lawrence Law, we understand the unique legal and emotional challenges that come with divorcing later in life. Our team of experienced family law attorneys is here to help you navigate this transition with clarity and confidence. Whether you’re concerned about asset division, retirement planning, or spousal support, we offer strategic and compassionate representation tailored to your stage in life.
Call us today at (908) 645-1000 or fill out our secure contact form to schedule a confidential consultation. With offices in Watchung and Red Bank, NJ, we proudly serve individuals and families throughout New Jersey.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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