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Obstacles Faced in a Late-Life Divorce

By DiBella Law Offices on October 6, 2016

Unfortunately, some couples can spend decades married and divorce later in life for the same reason younger couples do. In a late-life divorce, couples over the age of 60 face special obstacles when terminating their marriage – whether it be due to infidelity, a desire for a greater sense of independence, or irreconcilable differences. In this blog, our Burlington divorce attorney explains how asset division and health concerns can impact a late-life divorce.

Dividing Assets

In any divorce, property division is a crucial component of the process. Throughout the years of your marriage, you’ve spent a fair amount of time building a retirement plan that can be extremely complicated to divide in a divorce. In some cases, a spouse may have to file what’s referred to as a Qualified Domestic Relations Order (QDROs) – an order that outlines the percentage of benefits that will be paid to the spouse.

Spouses 62 or older who are ending marriages that lasted longer than 10 years may:

  • Be eligible to draw up to 50% of a former spouse’s benefits
  • Begin receiving retirement benefits on your own or your ex-spouse’s Social Security record
  • Be entitled to begin receiving benefits from a former spouse if you’ve been divorced for 2 years or longer, even if your ex-spouse has not yet begun to receive benefits

Health Concerns

As we get older, we may be faced with serious health concerns that can impact how alimony or a marital estate is divided. In cases where a spouse is diagnosed with a health condition that diminishes their ability to earn income, such as Alzheimer’s or dementia, a spouse can ask that a judge appoints an individual as a guardian or ad litem to be responsible for making decisions on their behalf if they are not capable of representing themselves.

Our Burlington divorce attorney is recognized among the best trial attorneys in the nation. When you come to DiBella Law Offices, P.C., you can expect to receive the personal attention you need during this difficult time.

We’re ready to hear from you. Call (781) 262-3338 to request a free consultation.

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