There is a lot of talk these days about grey divorces (AKA silver divorces). What does that mean? It is a divorce between spouses who are over 50, and divorce at that age has it’s unique characteristics and challenges.
A grey divorce does not usually involve minor children. Most of the time, the children are college age or older. That means the emotionally charged issues of child custody, child access, and financial support of children is not an issue. So that also means a grey divorce should be easier right?
Well. Not so fast.
There are still the emotionally difficult issues of the breakdown and dissolution of the marital relationship between spouses. Typically, spouses in a grey divorce have been together for a long time and they have the history of raising children together and building a life together. Perhaps they built a business, put one or both through school, etc. This makes the emotional part of the divorce more pronounced and more challenging. The sense of loss can be as profound as the death of a close loved one.
Then there is the division of marital property and alimony issues. These issues tend to be more significant than in divorces between much younger spouses who have the overwhelming majority of their adult, working life ahead of them. The division of retirement assets is more important in a grey divorce. Both spouses need to more vigilant in the protection of their ability to support their later in life living expenses. The division of equity in the marital home takes on more importance for the same reason.
Typically, a spouse in a grey divorce simply cannot afford to walk away from his or her share of the marital assets. That remains true even if the adult children have chosen sides and are pressuring a spouse to forego her share.
Divorce happens to couples of all ages. If you are older and facing a separation and divorce it is important to seek the assistance of an experienced family law attorney to navigate the potential pitfalls unique to a grey divorce
and reach an outcome which is in your own best interests.
