Recent Blog Posts
Will My Divorce Affect My Relationship with My Grandchildren?
Even though Illinois is a no-fault divorce state and does not allow for causal blame in the divorce process, family members may still view one party in a divorce as “causing” the divorce to happen. In the face of hostility or bitterness during your divorce after 50, you may naturally wonder if your divorce will impact your ability to have a positive relationship with your grandchildren.
Issues with Adult Children
The most common problems that could have an impact on your relationship with your grandchildren are likely to stem from your relationship with your own child. While older divorcing couples may avoid dealing with some of the problems of having very young children in a divorce, such as custody battles or child support payments, it would be a mistake to think your divorce will not have any effect on your adult children.
Why Do So Many Women Over 50 Initiate Divorce?
According to the AARP, 66 percent of midlife or gray divorces are initiated by women. This may be surprising: women, who are often tasked with the responsibilities of holding family life together, may seem like the party we would least expect to initiate a divorce. This may seem especially true later in life, when the children are grown and the prospects of grandchildren, retirement, and more personal freedom are on the horizon.
Research has provided fascinating insights into the reasons women pursue grey divorce. Understanding why other women have filed for divorce can help someone who may be on the fence about the matter. If you recognize yourself in any of the following situations, it may be time to contact a divorce attorney.
Emotional or Psychological Abuse
Abby Rodman, a family psychotherapist who designed a survey taken by hundreds of women, admitted she herself was surprised by the fact that 53 percent of her respondents said they left due to psychological or emotional abuse.
Three Tips for Those Considering Divorce After 50
Divorce is one of the most difficult life events an individual or family can face, and being older and more financially entangled can add significant challenges to the process. The decision to get divorced after 50 should only be made after serious consideration, and people commonly feel some hesitation about what to do and when to do it. Fortunately, there are attorneys experienced in divorce among older couples, and there are things you can do yourself to prepare for divorce and make the process go as smoothly as possible.
Consider Mediation or Collaborative Divorce
Fewer divorce cases go to court than in the past–and for good reason. Spouses who use mediation or a collaborative divorce process often have smoother divorces, and both parties can save time and money. There is more independent decision-making, and the formality and hassle of court proceedings can be avoided. However, collaborative divorce is often insufficient for divorces involving complex financial situations or significant assets, especially if one person controls the finances and the other may be unaware of the couple’s full financial picture.
How Can a Late-Life Divorce Affect My Adult Children?
One of the biggest myths surrounding a gray divorce is that the divorce will not affect the adult children of the divorcing couple. A gray divorce, or one that takes place after the age of 50, has the potential to affect everyone in the family. Even though you may not have to deal with issues like child support and parenting time, your adult children can take the news of your divorce just as harshly as young children would. Most divorcing couples with adult children do not factor them into the divorce equation at all. While they are farther removed from the situation than a minor child would be, there are still things that you should do to protect your adult children during your gray divorce.
Understand that Your Adult Children Will Grieve the Divorce
Why is the Divorce Rate for Older Americans Still Increasing?
The divorce rate in America has long been a topic of interest, and in recent years, attention has turned to divorces involving Americans who are over the age of 50. While the overall divorce rate has been decreasing, the divorce rate for those who are age 50 and older has actually been increasing, according to the Pew Research Center. Since 1990, the divorce rate for adults aged 50 and older has doubled. When looking at just adults who are 65 and older, the divorce rate has nearly tripled since 1990. Researchers have speculated several reasons as to why the divorce rate is undergoing such an increase for couples in their golden years.
Older Americans Are More Likely to Be in a Second or Third Marriage
According to data from Pew, many adults in the Baby Boomer generation experienced divorce in their young adult lives back in the late 1970s and 1980s. Like many divorced people, a large number of Baby Boomers eventually remarried. Unfortunately, statistics show that second and third marriages tend to be much less stable and have a higher chance of divorce. Research shows that 48 percent of adults over the age of 50 who divorced in 2015 were in their second or subsequent marriage.
How Can Divorcing After the Age of 50 Affect My Financial Situation?
There are very few, if any, life situations that could be called “easy” when it comes to divorce. When it comes to gray divorce, that is, divorce involving one or more people who are over the age of 50, things are never easy on any level. According to Bloomberg, one study reported that adults who divorced who were over the age of 50 reported higher levels of depression than those whose spouses had died. However, the financial impact of a gray divorce seems to be even more significant, perhaps even more significant than previously thought. Research also shows that adults over the age of 50 can also expect to lose at least 50 percent of their wealth when they divorce. The years of your life during a gray divorce can be rather fragile when it comes to finances, so working with a divorce attorney is highly recommended.
Wealth and Income Can Be Affected Greatly
Is Legal Separation a Good Alternative to Divorce for Spouses Over 50?
If you have reached middle age or have been married for decades, the prospect of divorce can be difficult to contemplate. After spending so much of your life with your spouse, striking out on your own and building a new life as a single person will likely seem like an impossible task. If you are not ready to take the irrevocable step of ending your marriage, you may want to consider a legal separation instead.
Legal Separation in Illinois
If you choose to pursue a legal separation, you and your spouse can address many of the same issues as you would during a divorce, but you will remain legally married. This may provide multiple different types of benefits for both of you. For example, both spouses will be able to maintain coverage under a single health insurance plan, and you will be able to inherit property from each other if one party passes away. A legal separation may also be preferable if you do not wish to get divorced for religious or cultural reasons. However, if either you or your spouse wish to get married to a new partner, you will need to legally terminate your marriage through divorce.
Will I Be Responsible for My Spouse’s Tax Debts After a Gray Divorce?
When getting divorced later in life, you may encounter a variety of financial issues related to your marital home, your retirement savings, or other parts of your life. In addition to determining how to divide your marital assets, you should also be aware of the tax consequences of the decisions you make during your divorce. Unfortunately, even if you believe that you have addressed these matters properly, tax debts are an issue that may come up after your divorce is finalized. In these cases, you will want to understand your options and determine whether you qualify for relief from your spouse’s tax debts.
IRS Tax Liabilities and Innocent Spouse Relief
5 Reasons Why You Should Stay Single After a Gray Divorce in Illinois
While it is true that first-time marriage rates are much lower these days than they were in years past, once these married couples get a divorce, they are more likely to get remarried if between the ages of 25 and 45 as opposed to above the age of 50. After going through a gray divorce, many couples find their single lives to be quite satisfying. In fact, only 15% of divorced or widowed women at these ages want to remarry (according to Pew) and only 29% of men. Both men and women alike simply do not want to run the risk of another failed marriage, especially so late in life. Although this seems contrary to commonly held beliefs, there are plenty of practical reasons why staying single might be the right decision for you.
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It helps you keep most financial benefits of a now-dissolved marriage. If you remarry after you are retired, you might end up losing many significant financial benefits earned after the divorce, including retirement income, social security benefits, healthcare coverage, and life insurance benefits.
Considerations for Relocating After a Divorce Later in Life
Those going through a divorce often give significant thought to moving to another city or state so they can get a fresh start. Actually moving, of course, requires careful consideration of many different factors, including the prospects of finding a job, the quality of school districts, and more. For those who are over age 50, however, the factors that could affect the decision to move away are often considerably different than they might have been at an earlier point in their lives. A qualified older divorce lawyer can help you decide on the best course of action for your unique situation.
Things to Think About Before Moving
As you think about where you would like to live after your divorce, you may be thinking about the same places you were considering during your marriage for your retirement years. For example, many older couples plan to move somewhere warm—such as Florida or Arizona—when they retire. Such places could be fine if you have sufficient retirement savings, but restarting after a divorce in those places might be more expensive than you can handle on your own. Other considerations are important as well.