Divorce-Related Issues for Older Adults

19 May
2020

Going through a divorce is difficult at any age. For older adults, it can be particularly challenging. Regardless of whether you are ending a long term relationship or a second or third marriage, you are likely to face additional personal and financial issues that make divorce proceedings more complex. Our Chicagoland divorce attorneys highlight common areas of concern and ways you can protect yourself. 

Divorce Trending Among Couples Over 50

‘Grey divorce’ is a term that refers to trends among older adults, specifically those aged 50 and above. Forbes reports that while couples in this age bracket were once less likely to file for divorce than their younger counterparts, this has changed over the past decade. Marriages among older couples are now just as likely, if not more so, to falter. Longer life spans, better health, and an overall more active lifestyle are all factors attributed to the shift. Among the most common reasons cited in older adult divorce cases include: 

• Growing apart over the years;
• Differing attitudes towards aging;
• Health issues, including chronic illness and drug or alcohol abuse;
• Infidelity on the part of one of the spouses;
• Empty nest syndrome, which is common among couples who stayed together for the sake of their children.   

Issues in a ‘Grey Divorce’

Illinois divorce statutes apply in all cases, regardless of the age of the couple or how long they have been married. However, there are special issues older adults are likely to face when going through a divorce. These include: 

• Marital property division: As older adult couples have likely accumulated significant amounts of real estate, household furnishings, and other types of property over the years, these proceedings are often more complex. 
• Spousal support: If one spouse makes significantly more than the other, spousal support or alimony is likely to be an issue. This can help the spouse who earns less maintain the same lifestyle they enjoyed over the marriage. 
• Retirement benefits: Making sure pensions, 401k accounts, and other retirement benefits are divided fairly is particularly important for older adults, whose retirement plans may have hinged upon their partner. 
• Premarital property and assets: If either party was in a previous marriage, they may have significant amounts of premarital assets that need to be protected. This includes real estate, personal property, and money in financial accounts that may have been awarded in a prior divorce order. 

Reach Out to Our Chicago Divorce Attorneys

For older adults going through a divorce, the Women’s Divorce and Family Law Group provides the kind of trusted guidance and experienced legal representation you need. To request a consultation regarding how we can help in your case, call or contact our Chicago divorce attorneys online today.

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There are many factors to consider when contemplating divorce, and a pre-divorce planning session can help you begin to plan for a divorce. Please contact the professionals at the Women’s Divorce & Family Law Group by calling (312) 585-6604 or clicking here to schedule a consultation.