What’s Different About Divorce as a Senior?

An Orange County family law attorney provides assistance to divorcing couples. If you are ending your marriage and you want an advocate to help you to understand California’s laws and protect your rights, we are here to help you. We offer representation to people who are getting divorced at all phases of life, so we can advise you on the issues that matter to you. 

One situation which is occurring more frequently than ever is older couples who are getting divorced. Divorce as a senior can be a different situation than a divorce if you are younger. Brown & Charbonneau, LLP understands the unique issues faced by older couples who are getting a divorce and we can help you to address those issues so you can protect your future.

Divorcing as a Senior

Senior divorce has become more common than ever before, with U.S. News and World Report Money explaining that the divorce rate for people 50 or older has doubled since the 1990’s.

Older people and seniors are at a different place in their lives than younger people are, which means that the issue that matter most in a divorce will differ. For example, by the time you are 50 or older, your children are probably either teenagers or grown. This means that custody disputes may not matter as much as they would if you have younger children. However, you and your ex are likely both more established in your careers and you probably have more money and property, so division of assets and issues related to spousal support can matter a lot more.

It is common for seniors who are divorcing to have substantial worries about their future financial security, as you may have only a limited time left when you are able to work and may be counting on retirement funds to provide you with a stable life during your golden years. You need to understand the laws for dividing up retirement assets during a divorce. This can be complicated because pension money may not be accessible right away, and there may be substantial tax penalties for accessing funds in other kinds of retirement accounts, such as 401(K)s and IRAs. An Orange County family law attorney can explain to you how the court will address issues related to dividing up pension and retirement funds. This often involves the use of a Qualified Domestic Relations Order, or QRDO.

If you have been married for a long time and are entering the later years of your life when divorcing, you may also have put your own career on hold or even given up your career to support your spouse and family. Alimony is thus often much more of an issue for older couples who are divorcing. With a long marriage, alimony is usually more likely to be awarded and to be permanent, as compared with in a marriage that was shorter in duration and that ended when the spouses were younger.

How an Orange County Family Law Attorney Can Help

An Orange County family law attorney can provide you with advice on negotiating an out of court divorce agreement that addresses the issues that matter to you. For example, if you are concerned that your ex won’t help to pay for college for your older children, you can try to include a clause in your divorce settlement agreement that addresses this. If you want to make certain that you get your fair share of your ex spouse’s pension, your attorney can help you to secure a Qualified Domestic Relations Order to protect your right to these retirement funds.

Whatever your specific goals and concerns are, Brown & Charbonneau, LLP can provide you with advocacy in arguing for your preferred outcomes during divorce settlement negotiations. If you must decide issues in court, we can also help you to present solid evidence to the judge and can help you to do your best to make strong arguments that are most likely to convince the judge to issue a favorable ruling for you.

Contact an Orange County Family Law Attorney

If you are ending your marriage, give Brown & Charbonneau, LLP a call. Whether you are older or younger, we can assist you in addressing the issues that matter in your divorce, from spousal support to providing for your children to making sure you have the financial security you need when your marriag has come to an end. Give us a call at (866)237-8129 or contact us online to speak with a member of our legal team and learn more.