Divorce is becoming less common in the United States for most age groups. That is not the case for older couples, though. In fact, according to a Wall Street Journal report, divorce for individuals over 55 occurred in about 15 out of every 1,000 married couples in 2017.
If you are over the age of 50, you have a variety of life experiences. You may have never been through a divorce, however. Regardless of age, divorcing couples face a few obstacles they must overcome. As a middle-aged husband or wife, you may have some additional challenges. Here are three challenges the attorneys at Mansur Law Group deal with regularly.
- Marital assets
In the commonwealth, family law judges divide marital assets based upon what is equitable. Naturally, that does not necessarily mean each spouse receives an equal share of the marital property. Yet, when spouses have long marriages, dividing assets can become increasingly difficult. This is particularly true if either you or your spouse own a business. Also, if you have received an inheritance, you may need to work diligently to separate individual property from marital wealth.
- Retirement savings
Saving for retirement is often an effective way to secure financial freedom for the final years of anyone’s life. Still, your retirement savings may be marital property that requires division during the divorce. If you take advantage of Social Security benefits, your divorce may also affect how much you and your spouse each receive from the marital estate.
Health insurance can also be a significant issue in divorces. Massachusetts requires employers to provide health insurance coverage to an ex-spouse, so long as the spouse’s company is not self-insured. In the event your spouse’s company is self-insured, you may need to look for your own health insurance coverage, which due to the high cost of health care, can be a significant issue that must be addressed as part of your divorce. The same may be true for life insurance. Finding affordable life and health insurance coverage can be challenging for people who are middle-aged or older.. Of course, if your life insurance policy has a cash value, it may be marital property that you must consider when dividing assets.
When a marriage is irretrievably broken, divorce is often the best option. Nonetheless, if you are 50 years of age or older, you may have to do some additional work to effectively manage the end of your marriage and plan for your future. By understanding some common challenges your peers often face, you develop a better plan for a successful outcome with your divorce.