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Representing Older Clients in Divorce

There are more married couples in the U.S. over the age of 50 as the baby boomer generation gets older. Unfortunately, this also means there are more divorces involving older adults. Divorcing later in life is more acceptable than it was a few decades ago. According to one study, divorce rates doubled for adults over 50 from 1990 to 2010, and the increase was more dramatic for adults over age 65. For these reasons, it is important to note that there may be special considerations for divorces that occur later in life.

Some issues that may need to be addressed for older clients who are divorcing include the following:

  • It may be more desirable to keep the house for property tax exemptions or to obtain a reverse mortgage, which can provide income. There also may be significantly more equity in the home.
  • One or both spouses likely have substantial retirement accounts, which will need to be divided using a Qualified Domestic Relations Order (QDRO).
  • One spouse may be entitled to Social Security benefits of the other spouse, including survivor’s benefits if they pass away.
  • There may be a greater chance to receive alimony if the marriage has lasted many years and one spouse does not work. The chances an older spouse will go back to school or start in the workforce may be reduced, so they may be awarded significant spousal support.
  • There may be health care concerns, including any possible cognitive impairments and the possible need for the court to appoint a guardian or guardian ad litem to represent the best interests of the client.
  • Life insurance and estate planning considerations will often come into play in divorce negotiations.

Discuss Your Case with a Seasoned Rosenberg Divorce Attorney Today

The above are only some unique considerations that may exist in a divorce involving older adults. At The Vendt Law Firm, PLLC, we know how to handle divorces for clients of any age and marriages of any duration. Our divorce attorney can handle complex divorce cases, so please call our office in Sugar Land, Texas, at (832) 263-6770.

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