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What Divorce Looks Like for Older Couples
A divorce between spouses over age 50 – commonly referred to as "gray divorces" – often invites unique challenges. Depending on the length of the marriage, it can come as a major change to the status quo for the whole family. If you need help navigating a gray divorce, you can get legal advice and strong representation from a Kane County, IL divorce attorney.
An experienced family law firm can help you protect what you treasure most in your divorce. At Shaw Sanders, P.C., our attorneys have decades of experience, so you can trust us to provide you with effective counsel based on our deep understanding of the law.
Divorcing With Adult Children
When you divorce with children over age 18, you have no obligation to make arrangements for child custody, since the children are considered to be independent at the age of majority. Some couples delay divorce for this reason, rather than going through the stress of working out an agreement for parenting time and decision-making responsibility.
By the time you consider filing for a gray divorce, your children may already be enrolled in college or living in their own homes. While you may not have to worry about custody, you will still have to break the news of the divorce to your children – a delicate matter in its own right. While it may be challenging to broach, having a frank, adult conversation with your child can minimize the heartbreak and confusion from the divorce.
If you have an adult child with special needs, you and your spouse may also have to discuss arrangements for continuing support and guardianship. This should be handled with the utmost care, keeping your child’s best interests in mind.
Dividing Retirement Funds in Gray Divorces
Property division can be a major source of contention and debate in any divorce. In a gray divorce, a significant portion of the marital estate may be tied to retirement accounts, such as a 401(k) or a pension. When you invest marital income into a retirement account, it is then treated as marital property and therefore subject to division.
To transfer retirement funds without incurring an early withdrawal penalty, you need a qualified domestic relations order (QDRO). Our firm can help you work with your plan administrator to obtain a QDRO while negotiating a fair distribution of assets to protect your financial interests.
Alimony for Spouses Over 50
When two spouses in a divorce have a significant income disparity – like that of a traditional breadwinner and homemaker – alimony may be necessary to avoid causing one party unnecessary financial strain. In a gray divorce, one spouse may not have the means to return to the workforce and make an adequate living, which can be a valid reason to request spousal support under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504).
If you want to petition for spousal maintenance, our firm can help make an argument for your financial needs, presenting evidence to the court such as bank statements or medical records. Additionally, we can also advocate for a fair division of assets that reflects your needs in a gray divorce.
Contact a St. Charles, IL Gray Divorce Lawyer
At Shaw Sanders, P.C., we are familiar with the hurdles of divorcing over a certain age. To protect your rights and interests in a gray divorce, consider working with our Kane County, IL family law attorneys. Call for a free consultation at 630-584-5550.
630-584-5550