Divorce After 50 - Unique Issues Older Couples Face

The Al and Tipper Gore split has many Babyspouse's record without a reduction in benefits to
Boomers examining their own marriages and evenyour former spouse.
more thinking, "how can this happen?"If your former spouse dies, you may be entitled
But happen it does, and the reasons are asto survivor benefits - 100 percent of your former
individual as the couples themselves. As a Phoenixspouse's Social Security benefit. To qualify, your
divorce lawyer, I see more than my share ofmarriage must have lasted 10 years, you must
Boomers who may have moved to Arizona tobe at least 60, and you cannot already be entitled
enjoy the wonderful weather, only to discoverto benefits that are equal to or greater than
they no longer enjoy each other.those of your former spouse.
Apart from the emotional side of a divorce, anIn our Phoenix family law practice, we've found
older couple must also examine several issuesthat deciding who gets the house also takes on
that impact them simply because of where theygreater significance when you are older. If you
are in life. The major income generating years areown a home with lots of equity, it could be used
usually behind them, so careful attention must befor a reverse mortgage when you reach age 62.
paid to the valuation and division of assets,Reverse mortgages are popular vehicles for older
including the primary residence, retirementAmericans to generate income.
accounts, investment portfolios and so on.Eligibility for tax benefits, exemptions and waivers
If a divorcing couple is retired, the division ofalso come into play when you're older.
retirement assets can be complex. You may needIf you are not yet 65 and don't qualify for
to get a Qualified Domestic Relations OrderMedicare, obtaining individual health insurance will
(QDRO), which is a separate court order thatlikely be another issue you will face. If you are
covers the division of retirement benefits.covered under your spouse's employer-provided
Decisions to be made also include:insurance, COBRA laws allow you to stay covered
• Whether one spouse can receive survivorfor up to 36 months following a divorce.
benefits if the other spouse diesHowever, you will be responsible for paying those
• When each spouse can receive benefits andpremiums.
how to avoid tax penaltiesSome national organizations offer individual health
• The entitlement to retirement planinsurance coverage for members, and that may
contribution made following the divorcebe a good place to start if you need to look for
• If any loans have been taken out against anew individual coverage.
retirement plan, how that should be repaid beforeA good Phoenix divorce lawyer will be able to
assets are dividedconsult with you on all of these issues and more
Social Security benefits cannot be divided in athat face those who divorce in later life. Most of
divorce, but there are rules about them that willus take pride in being able to help couples of any
impact post-divorce income and standard of living.age face a divorce with dignity and grace, in
For example, if you are over the age of 62 andrespect to all those years you shared a life
the marriage lasted more than 10 years, you cantogether.
collect benefits after the divorce on your former