Recent Blog Posts
What Happens to Health Insurance in a Gray Divorce?
Divorcing later in life presents many unique challenges, particularly when it comes to finances. A significant concern during a "gray divorce"—a term used to describe divorces involving spouses aged 50 or older—is health insurance. After years of shared coverage, suddenly losing access to affordable healthcare can create financial strain at a time when healthcare needs typically increase. Whether you are still on an employer-sponsored plan or approaching Medicare eligibility, an experienced Illinois family law attorney can provide insight into coverage options and strategies to protect your future healthcare needs.
How Is Health Insurance Affected in a Gray Divorce?
One of the most immediate concerns for people divorcing later in life is the potential loss of health insurance coverage. Those who rely on their spouse’s employer-sponsored health insurance may lose access to that coverage once the divorce is finalized. However, the following alternatives may be available:
How Can Gray Divorce Affect Your Mental Health?
Divorce is challenging for anyone, but when it occurs later in life, unique emotional and psychological issues can arise. For couples over 50, the stress on mental health is often intensified by aging, financial concerns, and the end of a long-term relationship. An experienced Illinois divorce attorney can help guide you through these challenges and support you during this transition
How Does Gray Divorce Affect Mental Health?
Going through a gray divorce can trigger a wide range of emotions, as the life the couple built together over decades is a deep source of identity. Mental health issues during a gray divorce may manifest in several ways:
-
Depression and Anxiety: The uncertainty of starting over later in life, combined with the emotional toll of ending a long-term marriage, can lead to depression or anxiety.
How Can Divorce Impact Grandparenting?
Divorce is challenging at any age, but divorcing later in life can bring unique difficulties when it comes to maintaining relationships with loved ones. Also known as gray divorce, this type of separation disrupts family dynamics and may make it harder for grandparents to stay connected with grandchildren. Preserving this bond can quickly become complicated due to family conflicts or changes in living arrangements. An experienced Illinois divorce attorney can help you proactively address these challenges and understand your legal rights.
Are Grandparents’ Visitation Rights Protected in Illinois?
In Illinois, there are some options for grandparents seeking visitation. The state’s Marriage and Dissolution of Marriage Act allows grandparents to appeal for visitation rights in certain situations. These rights can be pursued if the child’s parents are divorced or if there is evidence that not having contact with a grandparent is harmful to the child’s well-being. However, it is important to keep in mind that the court will prioritize the child's best interests and respect parental rights. Understanding these nuances is crucial for upholding a meaningful relationship with your grandchildren.
Modifying Your Estate Plan After an Illinois Gray Divorce
The term "estate" can bring to mind a sprawling mansion, a large investment portfolio, a private jet, and more. But the simple truth is that if you own anything, it is legally considered your estate. Things like an apartment, car, bank account, life insurance, and furniture are included in your estate.
As you age, you may start thinking about what parts of your estate you would like to leave behind, and to whom, when you die. If you are getting a divorce when you are 50 or older, you likely have an estate plan in place, and probably want to change it if the main beneficiary is your ex-spouse.
Speak with an experienced DuPage County, IL gray divorce lawyer to get help with every aspect of your divorce, including reminders for other important areas of your life, such as estate planning, that need attention as a result of the divorce.
Serious Physical Illness and Divorce in Illinois
People can decide to get a divorce at any age. Sometimes, when older individuals make this decision, one of the spouses is dealing with a serious physical illness. Perhaps you and your wife considered divorce before she got sick. If you stayed to help manage her healthcare but it has been an issue for a long time, you might feel like your life is taking a back seat to the spouse you already planned on leaving. Or maybe your husband has treated you horribly for years and you are finally ready to end the marriage. If he suddenly gets diagnosed with a critical illness, it does not change how you feel about him and being married to him.
However, serious illness can complicate divorce in several ways. There are unique considerations regarding things like the division of assets, insurance, and alimony in this type of situation. If you are considering divorcing your spouse who is very sick, contact an experienced Naperville, IL divorce lawyer who can handle your case with compassion, sensitivity, and reliability.
Divorce When Your Spouse Has Dementia
The chances of developing illnesses like dementia or Alzheimer’s that cause cognitive decline increase with age. When people lose their memory and cognitive functioning, their personalities change too. Patients often feel a great deal of confusion, which can make them angry and lash out at those around them. Staying married to someone who no longer acts like the person you met decades ago can be extremely challenging. However, it can be legally and emotionally complicated to get a divorce in that situation. This article will offer tips for navigating this transition. If you are feeling conflicted about divorcing your spouse who suffers from dementia, speak with an experienced Kane County, IL divorce lawyer to understand your options.
Emotional Toll of Dementia on Marriage and Divorce
Your spouse’s dementia can take an enormous emotional toll on you and your relationship. People sometimes feel guilty about seeking a divorce from a spouse suffering from dementia. If you were unhappy in your marriage, the development of cognitive issues should not make you feel forced into staying. Remaining married will not improve your spouse’s health. You can still help him after the divorce and ensure he gets the medical care he needs, but staying in the marriage could make you more resentful and less willing to sacrifice your time and resources for him.
Understanding the Emotional and Social Aspects of Gray Divorce
Divorce can be tough at any age, but when it happens later in life—often called "gray divorce"—it can come with its own set of challenges. If you are an older adult going through a divorce in Illinois, it is important to understand the emotional and social effects it can have on you. To learn more, speak with an experienced DuPage County, IL gray divorce lawyer who has guided others through this unique process.
Emotional Challenges of Gray Divorce
Divorce later in life is becoming much more common. As the number of people getting divorced in their fifties and older increases, society is becoming more aware of the unique emotional aspects of this type of divorce. A breakup at any age can be painful, and divorce can always come with feelings of loss, confusion, disappointment, and anger.
How Are Retirement Accounts Divided in a Gray Divorce?
Retirement accounts and pension plans are often among the largest marital assets divided in a divorce. This is especially true in gray divorces, which usually happen after retirement benefits have had more time to accrue in value. IRAs, 401(K)s, 403(b)s, and defined-benefit pension plans are all examples of financial assets that are commonly divided between spouses who divorce after 50.
However, dividing retirement funds is often a complicated legal process, especially considering that Illinois is an equitable distribution state. This means that Illinois courts divide marital assets fairly, not equally. The changes in a retirement fund’s value also add to the complication of dividing the asset. Divorcing couples are encouraged to create a property division agreement on their own, and may be ordered to attend mediation to facilitate that effort. If negotiation and mediation fail, Illinois law leaves property division largely up to the judge, which is why it is important to have a sharp Illinois gray divorce attorney representing you in court.
How Can I Help My Adult Children Cope With My Gray Divorce?
Divorce is known to deeply affect children. Parents who get divorced are often advised to enroll their kids in family counseling to help them deal with such a life-changing event. Research shows that children sometimes go through behavioral changes and perform differently at school when their parents decide to end their marriage.
Less research has been done, however, on how divorce affects adult children. When parents who are over 50 get divorced, their adult children are usually expected to deal with it on their own. Adult children are also not as major a factor in their parents’ divorce as minor children are. There are no child custody or child support disputes over adult kids.
This article will discuss a few ways you can help your adult children cope if you are going through a gray divorce. To find out more, consult an Illinois gray divorce attorney who can provide you with appropriate resources.
Am I Entitled to Lifetime Alimony in a Gray Divorce?
For spouses who get divorced in their 50s or later, single life can come as a shock. One of the reasons for this is that single life often has a higher cost of living compared to married life when spouses split expenses and support each other. In addition, spouses going through a divorce in their 50s or later may be retired or might have left the workforce long ago.
When one partner needs financial help after a divorce, the court will sometimes order the other spouse to pay alimony, or what the law calls spousal support. Spouses who go through a gray divorce are more likely to qualify for lifetime alimony, which this article will discuss. If you want to know whether you are eligible for lifetime spousal support in your gray divorce, consult an Illinois gray divorce lawyer.
Who Qualifies for Lifetime Alimony?
It is not that common for a court to order a spouse to pay alimony indefinitely. It is usually granted in cases where: