Gray Divorce

Divorce for Couples Over the Age of 50

You may have been married to your spouse for 20, 30, or even 40 or more years. If you are over the age of 50 and you are separating from your spouse, you are not alone. More Americans over the age of 50 are getting divorces than ever before. Statistically, they are twice as likely to get divorced as people in the same age group 20 years ago.

If you are divorcing your long-term spouse, we understand this is more than just a legal process. It is an acutely personal experience. A successful result and your experience throughout the process are equally important to us. Our mission is to deliver the very best service to achieve an optimal outcome.

How McKinley Irvin Can Help

McKinley Irvin assists clients with a number of issues that are unique to gray divorce, including:

  • Retirement – Dividing your assets in divorce can be challenging, especially when dividing retirement plans. If you are concerned that your divorce may result in a diminished retirement, our firm may be able to help you with delaying retirement, increasing your savings, or modifying your retirement.
  • Social Security – Some spouses are entitled to his or her spouse's social security benefits. This is contingent on the length of the marriage, income, and remarriage.
  • Income and Spousal Support – One of the biggest questions surrounding divorce is income. What will the source of your income be post-divorce? You may be paying or receiving spousal support, you may have to go back to work, or you may end up splitting a fixed retirement income.
  • Asset Division – Longer marriages can make for divorces that are more complex. Asset division for couples who have had longer to accumulate both separate and community property can involve unique factors such as the length of the marriage and how close both spouses are to retirement.
  • Insurance – Spouses going through a gray divorce will have different concerns than younger divorcing couples, such as health and life insurance. Can you still afford health insurance after divorce? If you are dependent on your spouse's plan, you may need to discuss the possibility of a legal separation in lieu of divorce.
  • Competency – Older divorcing couples may have their competency called into question, namely, that one or both parties are not able to represent their own best interests. We may be able to help prove competency or protect the rights of the not competent party.
  • Long-Term Considerations – Couples who are getting older face major life decisions such as developing an estate plan or deciding a course for long-term care. For some couples, these decisions may need to be made or modified in light of divorce.

Contacting a Washington Divorce Lawyer

The decision to divorce is never easy. Whether divorce is your choice or your spouse's, our firm is here to help you through the process. Our divorce lawyers have decades of legal experience and are highly regarded as some of the best in the region. We invite you to view our attorney profiles to find the representative best suited to meet your needs. You can also contact our office to schedule an appointment to discuss your case.

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