Pursue a Brighter Tomorrow With Experienced Legal Guidance SCHEDULE A CONSULTATION

Divorcing Later in Life

Steven L. Rotenberg, PLLC March 4, 2022

Senior Couple Arguing at HomeDivorce is very common in Michigan, and it isn't only limited to younger couples. Just like young couples, seniors and older adults also file for divorce—silver, gray, or late-life divorce. For older couples, filing for a silver divorce can be emotional, yet emancipating. An experienced Michigan divorce attorney can help you understand important considerations when filing for late-life divorce and help you make intelligent decisions.

At Steven L. Rotenberg, PLLC, Attorney Steven L. Rotenberg has devoted his career to offering experienced legal services and helping seniors and older couples navigate the complexities of late-life divorce. He's available to discuss your unique circumstances and enlighten you about some of the crucial things to consider when divorcing later in life. The firm is proud to serve clients across Bingham Farms, Mount Clemens, Pontiac, Monroe, and the greater Detroit, Michigan area.

Common Reasons People Divorce Later in Life

When seniors or older couples—aged 50 years and above—file for divorce, this is referred to as late-life divorce, silver divorce, or gray divorce. Several reasons can make older couples decide to call their relationship quits and go their separate ways. These may include:

  • Unresolved conflicts and disagreements.

  • Lack of communication or attention

  • Unwillingness to deal with the implications of aging and changes in the body system

  • Retirement

  • Regrets about earlier life choices

  • Differences in lifestyle choices

  • Betrayal or major disagreement

  • Addictions or alcoholism

  • Conflicts in values

  • Desire to live independently or achieve greater independence

  • Lack of physical touch or intimacy

  • A health scare or severe illness

If you are thinking about filing for a gray divorce, you need to consult with a knowledgeable Michigan family law attorney right away. Your lawyer can educate you about important matters concerning late-life divorce and some of the crucial considerations.

Things to Consider in a Late-Life Divorce

Here are some vital considerations when thinking about filing for divorce later in life:

Asset Division. Division of property in marriages that stretch over several decades usually involves a lot of complexities. Differentiating between the couple's marital and separate property or determining the actual value of retirement funds can make the division of property extremely complicated and time-consuming.

Estate Planning. Before you file for a late-life divorce, it is important that you evaluate or modify your estate plan, including powers of attorney, the beneficiaries in your will or trust, retirement plans, and advanced care directives. It would help if you considered removing your estranged partner from any designated beneficiary or role. Above all, ensure that the new modifications are in line with your present wishes.

Social Security. Older couples filing for silver divorce also need to divide their Social Security benefits. In most cases, the Michigan court may not be able to help with this. Hence, you may need to enlist an experienced tax expert or financial analyst to help evaluate and divide your Social Security benefits equitably and justly.

Spousal Support. In your later years, alimony can make a huge difference when going through a divorce. Due to advanced age, the potential paying spouse may not have enough resources or income to pay alimony. Similarly, the potential recipient spouse may be unable to work, learn a skill, or secure a new job to become self-supporting.

Retirement. Finally, older couples filing for silver divorce must consider the type of retirement account and the associated rules in order to divide their retirement savings. A separate court order may be needed to divide or protect retirement benefits.

An experienced Michigan divorce attorney can enlighten you about the different considerations for late-life divorce and help you make intelligent decisions with your best interests in mind.

How Steven L. Rotenberg, PLLC Can Help

Divorcing later in life in Michigan often involves delicate emotions. On the bright side, filing for a gray divorce can be liberating, helping you achieve the happiness and freedom you have always desired. Nonetheless, there are certain important considerations when filing for a late-life divorce. It is important that you speak with a compassionate family law attorney for proper guidance.

Attorney Steven L. Rotenberg has the experience and resources to guide clients in late-life divorce-related matters. As your legal counsel, he will work meticulously with all parties involved to settle late-life divorce issues—including property division, Social Security, spousal support, retirement, and estate planning—amicably. With his extensive knowledge, Attorney Steven L. Rotenberg can fight for your best interests and help you move forward as smoothly as possible.

Contact Steven L. Rotenberg, PLLC, today to schedule a simple case evaluation with a skilled divorce lawyer. Attorney Steven L. Rotenberg can guide you through the often complex silver divorce process and help you make informed decisions every step of the way. The firm is proud to serve clients across Bingham Farms, Mount Clemens, Pontiac, Monroe, Detroit, and anywhere else in Michigan.