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Wheaton gray divorce lawyerWhen 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

Even if your divorce settlement or judgment specified that your spouse would be responsible for paying tax debts, the IRS may still take action to collect money from both of you. If you and your spouse filed joint tax returns, and the IRS determines that you owe taxes based on errors or misreported information, both of you will be equally liable for paying the amount owed.

Fortunately, there are options available for relief from these tax debts. You may qualify for innocent spouse relief if your spouse was solely responsible for any errors on a joint tax return, such as misreporting income or claiming improper deductions on tax credits. You will need to show that when you signed the joint tax return in question, you did not know or could not have reasonably known about the errors. If the IRS determines that it would not be fair to require you to pay for your spouse’s errors, you may be granted relief from the requirement to pay these debts.

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Wheaton gray divorce lawyerWhile 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.

  1. 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.

  1. It results in a better tax situation for you both. Especially between the ages of 50 and 60, before retirement, you and your prospective spouse might be making a lot more money than if you were younger; not to mention possessing a great deal more value in assets. In that sense, by remarrying and sharing your income and assets, you make the tax situation much more complicated, and you might end up getting taxed at a much higher rate despite being married.

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DuPage County divorce lawyerThose 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.

When choosing a place to start again after your divorce, you should give some thought to the following:

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DuPage County grey divorce lawyerDivorce is a mentally and emotionally taxing process, but it can also have an adverse effect on your health. In fact, a recent study found an increased risk of heart problems among divorced women. This can be especially concerning for women who are nearing or at retirement age and are considering a divorce. It is important to understand this risk and how you can effectively manage it during and after your divorce.

Understanding the Risk

Published in the journal Circulation: Cardiovascular Quality and Outcomes, the cumulative study examined the data of divorced and married women over the course of 18 years. Results showed that heart attack risks among divorced women increased by 24 percent after one divorce, and an alarming 77 percent if they went through a second divorce. This remained true, even after researchers adjusted for social and physiological risk factors of heart disease, such as age, changes in occupation, body mass index, health insurance coverage, and diabetes. Furthermore, remarriage did not diminish the likelihood of a heart attack. 

Researchers believe that the increased risk could be the result of a prolonged spike in a hormone known as cortisol, which can elevate during times of stress. Studies have shown that long-term increases of cortisol can lead to higher blood pressure, cholesterol problems, and blood sugar problems – often to the point where it becomes dangerous. Over time, and left unchecked, this could be responsible for the increased risk of heart attack among divorced women.

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Naperville gray divorce attorneyIf you are over the age of 50 and you are going through a divorce—or you have recently finalized your divorce—finding a new romantic partner may be the furthest thing from your mind. Sometimes, however, life throws curveballs, and the perfect person for you may come along when you least expect it. There is also the possibility that you have been emotionally checked out of your marriage for many years prior to your divorce, so you might actually be ready to look for love again as your divorce finalizes. Either way, there are some things you should know before you commit yourself to finding a new serious relationship in the wake of an older divorce.

Spousal Support Considerations

Legal professionals and relationship experts generally agree that it is best to put off getting into a serious romantic relationship until your divorce is completed. Ultimately, however, the decision is up to you, but you need to be careful because certain decisions could affect your financial future more than you might expect.

Under Illinois law, spousal support is not automatic in any divorce case, but it is relatively common in divorces between older spouses who have been together for many years. In many such cases, one spouse tends to be financially dependent on the other, making maintenance necessary for an equitable divorce.

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