Getting divorced over the age of 50 can present some issues that might not be as prevalent in divorces of younger individuals.
First, the accumulation of community assets is far greater in older couples than in younger ones. This may include significant real property and retirement accounts accrued during marriage. In my experience, the more assets a couple has, the more they are apt to want to litigate the divorce as opposed to coming to an amicable settlement.
Additionally, since typically the divorcing couple will have been married for 20+ years, certain aspects of the spousal maintenance statute come into play that might otherwise not. For instance, the spouse requesting maintenance may now be deemed too old to go back to school to get a degree to help with gaining adequate employment. They also may be deemed to have been out of the work force for so long that it is not reasonable that they can find adequate employment. Lastly, they may suffer from a medical condition preventing gainful employment.
When dealing with marriages of a long duration, it is also possible that the spousal maintenance award can be forever (it will always terminate by law if the spouse receiving the maintenance remarries).
Emotions often run high in divorces of people over the age of 50. Whether this is the result of years of pent up frustration and anger or infidelity by one spouse, high emotions and divorce are not a good recipe for a quick and amicable resolution.
All told, divorces for couples over the age of 50 are typically more difficult than those of younger individuals.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
First, the accumulation of community assets is far greater in older couples than in younger ones. This may include significant real property and retirement accounts accrued during marriage. In my experience, the more assets a couple has, the more they are apt to want to litigate the divorce as opposed to coming to an amicable settlement.
Additionally, since typically the divorcing couple will have been married for 20+ years, certain aspects of the spousal maintenance statute come into play that might otherwise not. For instance, the spouse requesting maintenance may now be deemed too old to go back to school to get a degree to help with gaining adequate employment. They also may be deemed to have been out of the work force for so long that it is not reasonable that they can find adequate employment. Lastly, they may suffer from a medical condition preventing gainful employment.
When dealing with marriages of a long duration, it is also possible that the spousal maintenance award can be forever (it will always terminate by law if the spouse receiving the maintenance remarries).
Emotions often run high in divorces of people over the age of 50. Whether this is the result of years of pent up frustration and anger or infidelity by one spouse, high emotions and divorce are not a good recipe for a quick and amicable resolution.
All told, divorces for couples over the age of 50 are typically more difficult than those of younger individuals.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
Good post, definitely things to think about before jumping into the "divorce" fray. I have a question about school and age, though: what determining factor(s) would be used to state a person is too old to go back to school?
ReplyDeleteMost of divorce cases common of 50+ people. Jason, You said right about these type of divorce cases.
ReplyDeleteYeah, Its true. This problem is often sees in most of the divorced cases. You have better knowledge about that matter. I always believe on your information.
ReplyDeleteMost of divorce cases common of 50+ people. Jason, You said right about these type of divorce cases.
ReplyDelete