In general, the divorce rate has been getting lower in recent years. Now people over the age of 50 account for an increasingly large share of new divorce filings. So-called gray divorce has its own set of challenges, both financial and emotional. Even if you and your spouse have always had a high conflict relationship, it is always shocking to see the divorce papers, especially if you have been married for decades. You and your spouse always agreed to honor your marriage vows and put aside your differences in the interest of family togetherness, and now that your children have grown up, you were sure that you had crossed the finish line. On the other hand, you have the wisdom of age, and you have a clearer idea of what you want for your future than people who get divorced when they are younger do. If you are an empty nester who has just found out that your spouse wants a divorce, contact a Clintwood divorce lawyer.
Can the Court Order You to Pay Alimony if You are Retired?
The longer the couple has been married, the more complicated it is to divide their marital property. If you are 60 years old and have been married since you were 23, then almost all the wealth you have acquired has been during your marriage. Virginia law classifies all assets as marital if they came into the couple’s possession during the marriage; it doesn’t matter if you and your spouse had unequal incomes or whose name is on the title to a house, car, boat, or another valuable asset. Therefore, you and your spouse will have to find the fairest way to divide the property; even after a long marriage, a divorce lawyer can usually help you agree to a fair division of property during mediation without going to trial.
If one spouse depended on the other financially during the marriage, the higher-income spouse may still be responsible for supporting the lower-income spouse after the divorce. When possible, the court will do this without awarding alimony. It will consider each spouse’s income, perhaps including retirement income and Social Security. You may need to return to the workforce after a long absence, even for a minimum-wage job. Likewise, the court might issue a QDRO so that you get a portion of your ex-spouse’s retirement pension.
How Do You Co-Parent When Your Children are Grown Up?
Your relationship with your adult children can change after a gray divorce, but if your kids are adults, you do not have a court-ordered parenting plan to ensure that you get to spend certain days with your children. Likewise, it is none of your ex-spouse’s business if you spoil your grandchildren or pay for your daughter’s graduate school tuition.
Contact Greg Baker, Attorneys at Law PLLC, About Gray Divorce
The lawyers at Greg Baker Attorneys at Law PLLC serve the southwestern Virginia community in divorce cases and other areas of the law. Contact Greg Baker, Attorneys at Law PLLC in Clintwood, Virginia, to set up a consultation.
Sources
https://www.aarpethel.com/relationships/how-to-navigate-a-later-life-divorce-with-grown-children