Posted on March 28, 2023 in Divorce

Individuals over 50 are getting divorced at a faster rate than any other demographic. Although divorce closes the door to one relationship, it often creates an opportunity for a new relationship. If you are getting remarried later in life, you may want to consider a prenuptial agreement. A prenuptial agreement can be beneficial for anyone of any age and life circumstance. However, prenuptial agreements are especially important for individuals in their second or third marriages.

Benefits of a Prenuptial Agreement

A prenuptial agreement can provide clarity and protection from the financial uncertainty that often accompanies a marriage. It is essential to consider this legal document if you are getting remarried after 50, as it will help protect your assets and set a foundation of understanding between you and your soon-to-be spouse. By having a prenuptial agreement in place before the wedding ceremony, both parties will understand their rights and obligations in the event of a divorce.

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 Posted on March 17, 2023 in Divorce

When you have a family business and are getting divorced later in life, the situation can be especially complicated. A family business is not just another asset to divide up, it is much more than that. Consequently, deciding how to handle a family business during a gray divorce can be extremely difficult, legally and emotionally.

An Accurate Valuation is Usually the First Step

Before you can decide how to handle the family business during your divorce, you will need to determine its value. This means obtaining a professional business valuation. It is important to get an accurate and detailed appraisal so that you have a clear sense of the company's worth before making any decisions about it.

Determining Ownership and Division

Once you have determined the value of your family business, the next step is to decide who will retain control over it. Depending on the size of the business and its value, you might opt to sell it off and split the profits. This is a popular choice for those who want a fresh start or need to use the proceeds to pay off joint debt during the divorce. Of course, it can be very hard to give up a business that you have likely poured years of time and energy into.

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 Posted on February 24, 2023 in Divorce

Divorce can have an impact on many different parts of your life, no matter your age or the stage of life you are in. However, for older individuals, getting divorced can be equally liberating and frightening because while you might be relieved to finally be leaving an unhappy or even abusive marriage, you may also be stressed about the impact of divorce on many areas of your life, including your health.

Research suggests that these worries are not unfounded. Divorce can be very hard on a person’s health, but it does not have to be. Here are some tips for protecting your health, both physical and mental, during and after divorce.

Ways to Protect Yourself Following a Divorce Later in Life

One of the first things to understand about the negative impacts of divorce on health is that the most profound effects are felt in the short term. Keeping perspective, then, can help you remember that the initial stages of divorce are the hardest, that they will not last forever, and, if you take steps to protect your health, you can come out the other side better prepared to care for your mind and body.

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 Posted on February 15, 2023 in Divorce

One of the most important considerations when thinking about divorce is its potential impact on your finances. When a couple gets divorced in Illinois, they need to divide their marital assets; even after a fair asset division, however, one or both partners may be left without the financial resources they need to live on their own or retire. This could necessitate reentering the workforce, which can be an intimidating prospect for some, especially if they have not been working for many years. But going back to work is possible, and many employers are glad to have the experience, perspective, and work ethic that younger workers are often missing. Here are six tips for successfully reentering the workforce after divorce.

Tips for Getting a Job After 50

Although many have rightfully complained about workplace discrimination against older individuals, in many ways there has never been a better time to go back to work as an experienced or even inexperienced worker. There is a current shortage of available workers that is only projected to increase, and many companies are willing to give even those without significant work experience a chance to make a contribution. Experts suggest using these six tips to your advantage if you need to go back to work:

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 Posted on January 27, 2023 in Divorce

Because most people get married with the intent to stay married for the rest of their lives, very few plan on getting divorced. This means that even few have a backup financial plan for divorce, which is notoriously tough on savings and income. This often leaves older divorced individuals without much in the way of retirement savings or with far less than they thought they would have.

Does this warrant delaying retirement or giving it up altogether? After all, you likely have half of your former asset portfolio and your expenses may have doubled or gone up even more than that. As with most legal situations, the answer depends on your specific circumstances and long-term goals. Speaking with an Illinois divorce attorney who has experience managing divorce later in life can help you determine what is best for you.

How Are Assets Divided in a Gray Divorce?

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 Posted on January 12, 2023 in Divorce

Even when a relationship is unhappy or abusive, people often stay together for many years. After decades in a marriage with someone you know so well, the prospect of getting divorced can be liberating - and terrifying. The financial aspect of divorce later in life rightfully gets attention, but the emotional aspect of a so-called “gray divorce” can be equally difficult to process and overcome. However, it is possible - and experts have the advice to help you get through it.

How Can I Get Through Divorce Later in Life?

Although the overall divorce rate remains high, this is surprisingly mostly attributable to adults who are getting divorced later in life, making it all the more important to understand strategies for overcoming the stress of separating from a long-term partner. Experts suggest the following:

• Build a community - One of the reasons people stay divorced is to combat feelings of loneliness, especially later in life. But research suggests that unhappy marriages can be even more damaging than the loneliness of divorce - and, after all, divorce does not have to necessarily be lonely. But building a community takes intention and effort, so experts suggest starting early by seeking connections with like-minded people who share your values. Churches, clubs, and volunteer organizations are all great ways to do this.

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 Posted on December 29, 2022 in Divorce

As Illinois is an equitable division state, divorcing spouses do not necessarily need to divide their assets and debts in a 50-50 equal split. When it comes to asset division, Illinois couples are encouraged to craft a divorce settlement that is equitable for both parties. Equitable does not inherently mean equal. An equitable division of assets is one that is fair and representative of the interests of both spouses.

While an equitable division of assets between spouses can be structured as a 50-50 split of a marital estate’s value, such an agreement does not have to be structured in this way. Carefully considering what equitable means in the context of your unique relationship will help your attorney to secure a favorable asset division settlement as efficiently and effectively as possible.

The Bottom Line

If you are an older adult living in Illinois and you and your spouse have decided to divorce, you have a number of considerations to ponder when crafting the terms of an equitable asset division agreement. If it is apparent that you and your spouse will not be able to work through any fundamental differences without judicial intervention, you will want to develop the strongest possible arguments in pursuit of a favorable judgment. In either scenario, working with a skilled family law attorney can help to ensure that you receive your fair share of your marital estate.

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 Posted on December 13, 2022 in Divorce

Many parents of young children stay together despite serious relationship difficulties because they are worried about how getting a divorce could affect their children. After all, endless studies warn of the potentially negative impact of divorce on children. But children do eventually grow, and couples who are still married once their youngest child finally leaves the nest are faced with the question of what to do next. 

While divorce may unquestionably be the best decision, most couples still have worries about what their divorce will mean for their adult children. Knowing what the experts have to say about the issues can help, as can taking a mindful approach that balances the children’s needs with the parents’ needs. 

Experts Say Your Children Are Still Your Children

One major difference between adult children and minor children is that most parents of minor children know that exposing the children to the parents’ interpersonal conflict is bad for the children’s mental health. Adult children, however, are often neglected in this regard and parents may inadvertently pressure their children into taking a “side” by oversharing their relationship problems. While your children will likely still have many questions about why you are getting divorced, and probably will have at least some of the maturity required to understand why adult relationships end, they still deserve to be protected from the pressure of choosing one parent or the other. Keep the details mostly to yourself. 

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 Posted on November 16, 2022 in Divorce

Some marriages end because the spouses fall out of love or simply drift apart. Other marriages end due to marital misconduct. In our last blog, we discussed how to divorce an abusive spouse. This blog will discuss how cheating or infidelity can impact a gray divorce case in Illinois.

Divorce Grounds in Illinois

State laws change frequently. In 2016, Illinois became a no-fault divorce state. Prior to 2016, there were fault-based and no-fault grounds for divorce in Illinois. Fault-based grounds included issues like abandonment, cruelty, and infidelity. However, Illinois now only has one ground for divorce: irreconcilable differences. In a no-fault divorce, the court does not assign blame to either spouse. The court simply dissolves the marriage on the grounds that the differences between the spouses are irreconcilable and they cannot be reasonably expected to work things out. So, a cheating spouse does not affect the grounds for divorce. However, it may influence other aspects of divorce.

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 Posted on November 11, 2022 in Divorce

When we think about domestic violence, a couple in their 20s or 30s may come to mind. However, statistics show that, sadly, domestic violence is common in older couples as well. People in an abusive marriage may be less likely to leave the relationship once they are past a certain age. They may worry about how to make ends meet financially without their spouse – especially if they have been a homemaker or stay-at-home parent for many years. Older spouses may also hesitate to leave an abusive marriage because they fear retaliation or are too ashamed to get help.

If you are interested in divorcing a spouse who has abused you, threatened you, harassed you, financially exploited you, or otherwise mistreated you, you are not alone and there are resources available to help you end the marriage.

Emergency Protection Orders in Illinois

In Illinois, emergency orders of protection (EOPs) are granted to individuals who are at risk of abuse or injury at the hands of a romantic partner, family member, or household member. These orders are available on an emergency “per se” basis. If you get an EOP, your spouse does not have to be present. The court will grant the protection order based on your testimony alone.

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