Divorces can be complicated and confusing. If you’re over 50 and are considering a divorce, you are going to be participating in what’s called a “silver divorce.” You may be wondering, “What is a silver divorce?” It can bring a unique set of financial challenges and emotional issues. It’s more than just dividing up your household; it’s about protecting your financial future.
If you have questions about silver divorce and how the state’s divorce laws might affect you, contact Khalaf Law Group about your specific questions.
What Is a Silver Divorce?
A “silver divorce” simply means a divorce that involves a couple who is 50 years of age or older. They’re usually from the “Baby Boomer” generation. As a result, they typically have more assets to divide and unique divorce concerns, but they aren’t as concerned with issues like child support and child custody that a younger couple would usually worry about.
Considerations If You’re Contemplating a Silver Divorce
When contemplating a silver divorce, a couple has several factors to consider. These include:
- Their retirement assets. When you’re over 50, dividing your assets is much more complicated compared to a younger couple. You may need to consider a 401(k), an IRA, and a pension. There is less time to recover from a split of an account as well.
- Spousal support. Also called alimony, couples need to consider spousal support as part of their divorce settlement. Courts are much more likely to order long-term support that lasts until one spouse passes away or remarries, which is not always the case with a younger couple.
- Their home. This is typically the largest asset a couple has to consider when divorcing. It often requires balancing emotional considerations against the reality of future costs of maintaining a large home.
- Healthcare concerns. Losing a spouse’s health insurance can be a significant financial consideration that can impact your financial future. If you’re not yet eligible for Medicare, this is something to think about and factor into your divorce settlement.
All these issues must be addressed when filing for a silver divorce in California. Since every divorce is unique, it’s wise to discuss your situation with an experienced attorney who’s licensed in California. Whether you’re considering filing for divorce or responding to your spouse’s papers, having your own divorce attorney is crucial when going through a silver divorce.
You’re Not Alone: Need-to-Know Divorce Information
Family law is a considerable part of the American legal system. The Pew Charitable Trusts reports that state courts process roughly 3.8 million family law matters annually, which is a significant part of their 66 million total cases. While divorce accounts for about 1.6 percent of the national caseload, with 1,090,000 filings, recent CDC figures show the ongoing demand for these services, reporting 672,502 divorces in 2023 alone.
If you’re considering a divorce after age 50, please know that you’re not alone. It’s natural to feel a sense of uncertainty or even hesitation when a long-term phase of your life ends. However, silver divorces are an increasingly common path for those who need a new start in their later years.
Rather than viewing this as a personal failure, view this as a legal transition that hundreds of thousands of Californians have successfully navigated every year. If you need the independence and future peace that a divorce can bring, reach out to an attorney.
Hire a Glendale Divorce Lawyer at Khalaf Law Group
At Khalaf Law Group, a Glendale divorce lawyer can offer comprehensive support for your silver divorce. Whether you live in Rossmoyne or closer to South Lake, our team can provide both legal and emotional assistance. We can listen to your divorce goals and advocate for them throughout the process.
FAQs for Glendale Divorce Laywers
Q: Have There Been More Silver Divorces Lately?
A: Yes, according to the National Library of Medicine, the divorce rate for couples over 50 has doubled since the 1990s. When it was last studied, 27 percent of those going through divorces were over 50. If you need help with your own silver divorce case, connect with a reputable attorney near you.
Q: What Has Been the Cause of Silver Divorces Across California?
A: Across California, silver divorces have likely been caused by:
- Longer life expectancies
- Spouses growing apart after their children leave home
- The fading social stigma of divorce
- Increased financial independence, which has allowed spouses to leave unsatisfactory marriages more easily
Regardless of the reason, the fact remains that many people are going through divorces later in life. People facing a silver divorce in California have unique challenges. For reliable counsel, hire a divorce lawyer.
Q: How Are Social Security Benefits Handled in a Silver Divorce?
A: In California, Social Security benefits are handled differently than other benefits in a silver divorce. They are governed by federal law, which means they cannot be divided by a state court. They are usually considered the separate property of the spouse who earned them. There are some nuances to this rule, especially if you’ve been married for over 10 years.
Contact a knowledgeable divorce lawyer who can discuss your specific Social Security benefits and answer any further questions you have.
Q: Can I Handle My Own Silver Divorce?
A: While you can handle your own silver divorce, it’s not recommended that you do so. Each divorce case is different, and you may unexpectedly find yourself overwhelmed and unsure about whether you’ve adequately protected your financial future. When you work with a divorce lawyer, they can consider all aspects of your divorce and listen to your divorce goals. Reach out to Khalaf Law Group to learn more about us and how we can help.
Hire a Divorce Lawyer Today at Khalaf Law Group
At Khalaf Law Group, we have the experience and compassion needed to provide support with your silver divorce. We can discuss your available divorce options and provide enough information to make informed decisions about your future.
Centrally situated in Pasadena’s Playhouse Village and South Lake Avenue District, our office offers easy access for clients throughout the region. Located just north of Caltech with immediate access off SR 134 and 210, we provide reliable legal support that’s consistently within reach.
Contact Khalaf Law Group today for an initial consultation with a dedicated silver divorce lawyer.
