Several articles have shown a trend in divorce: many couples are calling it quits after 20, 30 or 40 years of marriage. This phenomenon is being referred to as “silver” or “gray” divorce.  According to an article published by the Wall Street Journal, American sociologists found the divorce rate of couples over the age of 50 to be double what it was in the 1990s. That is in contrast to the divorce rate overall, which has decreased since its peak in the 1980s. While the issues addressed in a divorce are generally common, those who legally separate in their golden years face different issues particular to their stage of life.

If you or someone you know is considering or facing divorce in your later years, contact a skilled and compassionate Arizona divorce attorney to ensure your rights and needs are properly addressed during this time.

Things to Know

  • Long-term marriages almost always result in alimony: unlike younger couples with shorter marriages that often result in temporary alimony awards, courts look at long-term marriages differently. While the amount of the award may vary based on the state in which the divorce proceeding occurs, senior couples can expect alimony in the divorce decree.
  • Retirement funds will likely be split: even if one of the spouses is considered at-fault for the divorce (which would not matter in a no-fault state), retirement accounts are up for grabs and will likely be split evenly between the spouses.
  • Keep the house, give up other things: women often want to keep the marital home after a divorce, and this is possible but it should be understood that the husband will have to keep another asset in order to balance out the equitable distribution of marital property.
  • Older kids, same difficult transition: while silver divorces often do not result in child custody issues due to the age of the kids, this does not mean that the effect of the split will not change relationships.
  • Seeing the grandchildren: under Arizona law, grandparents may be awarded visitation rights by a court if it believes contact would be in the best interest of the child – if the marital split is messy, you may have to fight to see your grandkids.

Divorce Attorneys Available in Arizona

If you or someone you know wants a divorce in the Phoenix area but is doubting pursuing this because of age, a knowledgeable divorce attorney should be reached to obtain legal advice regarding the advantages and disadvantages of this decision made during this particular phase of life. The experienced family law attorneys at the Law Offices of Ronald L. Kossack have a proven track record of impassioned advocacy and sensitivity and seek to provide competent advice. Call (480) 345- 2652 today or contact us online to and schedule an initial, free, consultation.