Divorcing After You Turn 50

50% of marriages in America end in divorce. Of that 50% though, about 36% of those divorces occur among spouses who are 50 years or older. Divorces among older Americans, known as “gray divorces” among experts, may occur for different reasons.

First, the life expectancy has gone up. The more time a couple is alive, the higher the chance they may get divorced. Second, the risk of divorce also rises for people who have gone through marriage and divorce before. Older Americans have a greater opportunity to go through multiple marriages and divorces. Ultimately, there is a good chance that as a person ages, their spouse will likely become their caregiver as their health deteriorates.

Less Child Custody/Support

Most divorcees older than fifty don’t have children, or their children are adults. Even if older divorcees have minor children, the children are likely old enough to express a preference about time arrangements and who they want to stay with. This doesn’t diminish the impact that a divorce can have on children, even if they are adults. However, adult children are presumably independent and mature enough to process that they are not responsible for a divorce. While therapy is recommended for everyone who needs it, the court will not have to concern itself with child custody or child support if there are no minor children involved.

Long-Term Spousal Support

Spousal support may be more common for older couples, especially in marriages where there was a clear “provider” for the household. For instance, if a husband was providing most of the financial support while the wife was at home taking care of the children and supporting the household, a divorce would financially impact the wife more. Spousal support is not limited based on sex – a husband who is financially in a weaker position may request spousal support as well.

Many states will also take into consideration the duration of the marriage. In California, for instance, a long term marriage may lead to lifetime alimony, or spousal support until the spouse receiving support remarries or one of the spouses passes away. A long-term marriage in California is defined as 10 years. Couples that divorce in their fifties are more likely to reach the 10 year threshold and thus have lifetime alimony be a consideration. 

Updating the Health Care Plan

The need for an advanced healthcare directive goes up as a person grows older. A healthcare directive is necessary if you are unable to make your own medical choices. The law typically recognizes the spouse as the primary health care proxy. If someone becomes divorced though, they will need to appoint another person to do so, such as an adult child, friend, or another family member.

Estate Planning

As with advanced healthcare directives, estate planning documents such as wills and trusts must be updated. The law assumes that if a person passes away that the person’s spouse should inherit his or her assets and property. Most states would assume that if a person divorces and remarries, the spouse in any estate planning documents would refer to the new spouse instead of the prior one. However, estate planning documents should be clear to avoid any potential lawsuits after the decedent has passed away.

Do I Need a Lawyer for My Family Law Issue?

If you have difficulty seeing your child as the holidays approach, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.