Posted on December 28, 2020 in Divorce

Depending on when you and your spouse decided to have children, you may be nearing retirement age and still have teenagers at home. This is especially common for couples who have a larger number of children, and it can create unique challenges if you and your spouse opt to end your marriage through divorce.

According to recent studies, about one in four teenagers whose parents are going through divorce suffer from issues like depression or reckless behavior. Unlike younger children, who may become clingy during a divorce, teenagers will often distance themselves and keep their emotions tight to appear mature and in control of the situation. Teenagers are old enough to understand the world, but they still require the care of a parent. Given the turbulence that already comes with the adolescent years, divorce can be especially stressful for teenagers. 

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 Posted on December 09, 2020 in Divorce

The divorce rate seems to have somewhat stabilized in recent decades, and it might even be falling, but nearly a million marriages in the U.S. end in divorce each year. While some people might give up on the idea of being happy in a marriage after their divorce, many others are willing to give love a second chance—including a significant number of those who are in their 50s and beyond. Recent studies indicate that a full 40 percent of all marriages include at least one spouse who was married previously, and 20 percent involve both partners getting married again. In fact, a Pew Research Center study suggested that about 60 percent of American divorced and widowed people will remarry at least once.

Possible Legal Issues

Remarriage can offer you a chance at marital happiness, but there are many legal concerns that can affect a second or third marriage more substantially than they might affect a first marriage, especially if you are getting remarried later in life. A skilled family lawyer can help you and your new spouse be aware of such considerations so that they do not become bigger issues:

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 Posted on November 17, 2020 in Divorce

Alimony, or spousal maintenance, is thought of as a tool to help newly divorced people adapt from a two-income household to a one-income household. Maintenance is often of special importance for those who get divorced later in life. In many cases, maintenance payments eventually cease, usually after a financial goal or time limit is reached. However, in Illinois and a handful of other states, it can end earlier depending on each spouse’s circumstances. Cohabitating with a new partner after your divorce can have unintended consequences.

A “Substantial Change in Circumstances”

Generally in Illinois, maintenance is granted by the family court or by mutual agreement between the spouses. It will be granted, according to the court, to the spouse who needs it most, based on a number of factors. Some of the most important factors include:

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 Posted on November 03, 2020 in Divorce

It is not at all uncommon for middle-aged adults to shy away from the idea of divorce. Many individuals remain in unhappy marriages merely to avoid the discomfort that comes with separating later in life. For many reasons, it is completely understandable to experience extreme anxiety when faced with ending a marriage after the age of 50, especially when you have spent a good chunk of your life with your partner. The hurdles that accompany life after a gray divorce are intimidating, but they do not need to stop you from moving on and enjoying your life.

The following are examples of common fears that often cause middle-aged adults to stay in unhealthy marriages:

• Loss of familiarity - Deciding to take the plunge and end a marriage at any point in life is a scary thing, but experts suggest that divorcing after the age of 50 tends to be particularly fear-inducing. It is not hard to see why; for starters, years of memories, habits, and routines have accumulated over time, making it seem inconceivable that another way of life could exist after the marriage. Many couples simply see divorce as an impossible feat when they look back and consider the amount of time they have invested in the relationship. For others, if the marriage is short-lived, the idea of divorcing can be just as scary, as it can feel as if time is running out. It can also translate into a failure in the individual’s mind because it causes them to wonder if it was, in fact, a waste of their time. Whatever your personal circumstances may be, you can take comfort in knowing that starting over and facing new routines is difficult for everyone, no matter which stage of life, for many different reasons. 

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 Posted on October 29, 2020 in Divorce

After a divorce, it is very common for people to begin worrying about their future, especially if they are at an age where retirement may soon be an option. One of the issues that may concern them is the question of Social Security benefits. There is much confusion over who is entitled to what, and without the help of an experienced attorney, you and your ex-spouse could find yourselves back in court or embroiled in a long debate that is simply unnecessary. 

Requirements to Collect

Almost every individual in the United States who legally works will build up what the Social Security Administration (SSA) calls a work record. Normally, you will be entitled to benefits based on the length and type of your work record, but spouses or former spouses have the right to collect based on their spouse’s record if it is better than their own. The rationale is that especially for older women, who might not be as well-equipped in terms of their ability to reenter the workforce after divorce, there needs to be a safety net of sorts to keep people out of poverty. 

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 Posted on October 08, 2020 in Divorce

In this day and age, it is becoming more common for senior citizens to divorce, sometimes after decades of marriage. While the causes are numerous, what many do not take into account is that divorcing at an older age can have challenges that younger couples often do not experience. If an older couple is not adequately prepared for some of the particular questions they may confront, significant issues can quickly develop.

Pensions and Other Benefits

One major concern that is not especially pressing for most younger couples is how to divide a pension or Social Security funds. If a couple has been married for ten years or longer, and one or both are over the age of 62, spouses can draw benefits on each other’s work history. This can create complexities in a divorce.

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 Posted on September 25, 2020 in Divorce

Getting divorced after the age of 50, often called a "gray divorce," can be especially difficult under any circumstances. However, if you have a health condition that requires regular care and treatment. You may be concerned about your ability to cover medical expenses without financial support from your spouse, especially if you relied on his or her health insurance coverage. Rest assured that there are options to ensure you continue receiving the care that you need, and your attorney can help you find one that works for you.

Options for Maintaining Health Insurance Coverage in Illinois

If you are employed after your divorce, you can likely obtain health insurance through your own employer. If you can afford it, an individual health insurance plan may also be an option. However, if neither of these is possible, there are several alternatives, including:

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 Posted on September 11, 2020 in Divorce

For couples divorcing after age 50, perhaps the most pressing concern is the impact the divorce will have on retirement. When you have spent most of your life planning and budgeting for retirement as a married couple, it may be overwhelming to consider how your plans will change now that you will be on your own. It is inevitable that divorce will have some impact on your retirement, but with some careful consideration and the assistance of an attorney, it is often possible to salvage many of your retirement goals.

Preparing for Retirement During Your Illinois Divorce

Making sure that you are still able to comfortably retire after your divorce often requires smart decision-making during the divorce process as well as a clear plan for after the divorce is finalized. Important strategies to consider include:

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 Posted on August 27, 2020 in Divorce

The rate of divorce for older couples has grown over the past decade, resulting in the term “gray” divorce. Considering a divorce at any age can be scary, but for those couples who are 50 and older, it can be downright daunting. Spouses who have been married for 25 years or more often have a lot of baggage, as they say. They may have acquired a lot of marital property and assets, all of which will need to be divided if they choose to part ways and legally end the marriage. Illinois is an equitable distribution state, which means any property obtained after the wedding will need to be divided fairly based on several factors. However, in some cases, that might be the easy part. Moving on emotionally can be difficult, regardless of gender. Even though the stereotype is that they are supposed to be the stronger sex, men often have a harder time suddenly adjusting to single life after so many years with a partner.  

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 Posted on August 11, 2020 in Divorce

When people get divorced and consider relocating to another state as a way of getting a fresh start, there are many things they might consider—from job prospects to housing options, there are all sorts of concerns. But when you are over the age of 50, and in the middle of what is known as a “gray divorce,” there are other considerations that should be made before you decide exactly where to establish new residency. Here are some examples of these important concerns.

4 Things to Think About Before Relocating After a Gray Divorce

While you may think that there is a lot of overlap between the best places to live after divorce and the best places to live in retirement, the truth is that there is very little correlation between the two. Sure, some people might rank Florida as a top-five state for retirement, but in terms of getting a divorce in Florida or even restarting your life in Florida after a gray divorce, it could be much more expensive than you are willing to tolerate. Here are some important things to consider about possible relocation sites after divorce:  

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