Skip to navigation
Experience. Integrity. Excellence. Legal Guidance When You Need it Most REQUEST A CONSULTATION

Divorcing Later in Life 

Lebovitz Law LLC Nov. 10, 2022

Senior Couple Arguing at HomeIn recent years, divorce has become a common phenomenon among younger, middle-aged, and older couples. While people often seek marital dissolution for different reasons, some older couples can find divorce liberating. However, when going through a divorce later in life, there are some special considerations that you should never overlook. An experienced Maryland family law attorney can enlighten you about some vital things to know when seeking a grey divorce. 

Lebovitz Law LLC is dedicated to advising and guiding seniors and older couples through the complexities of late-life divorce. Attorney Richard Lebovitz is available to discuss your unique circumstances, explore your possible options, and help you navigate crucial decisions in your silver divorce. The firm is proud to serve clients across Towson, Baltimore County, and throughout the state of Maryland, as well as York, Pennsylvania.   

Common Reasons People Divorce Later in Life  

A late-life divorce, silver divorce, or grey divorce can be described as a marital dissolution or divorce between older couples – aged 50 years and above. Here are some common reasons why older couples and seniors may choose to end their marriage later in life: 

  • Lack of communication 

  • Retirement 

  • Reduced or inadequate attention 

  • Money or financial concerns 

  • Unresolved disputes and conflicts 

  • Betrayal or major disagreement, thereby making the spouses drift apart 

  • Lack of intimacy or physical touch 

  • Alcoholism, drug abuse, or other active addictions 

  • Regrets or doubts about earlier life choices 

  • Differences in lifestyle choices 

  • Reluctance to accept or deal with the concerns of aging 

  • Conflicts in values and life choices 

  • Going through a life-altering experience such as a severe illness, health scare, or death 

  • Desire to live an independent life during their later years 

An experienced Maryland divorce lawyer can educate you about some vital matters regarding grey divorce, as well as the crucial things to take into consideration. 

Things to Consider  

When going through a divorce later in life, here are some vital things to consider: 

Property Division 

Division of assets in long-term marriages can be very complex. The couples may experience difficulties in distinguishing marital property from separate property. Also, it may be challenging to evaluate the actual amount of retirement assets and savings. Thus, property division in late-life divorces is usually stressful, complex, and tedious. 

Social Security Benefits 

Just like marital assets, older couples going through a silver divorce must also divide their Social Security benefits. In order to achieve an equitable distribution of Social Security benefits, hiring a qualified tax expert or financial analyst may be necessary. 

Spousal Support 

However, one of the older couples may need financial assistance during or after the silver divorce. Unfortunately, the potential paying spouse may not have adequate finances or resources to pay spousal support. Likewise, advanced age may make the potential recipient spouse unable to find new employment or learn a skill to become self-supporting. 

Retirement Benefits 

In addition, the older couples involved in the silver divorce must evaluate the type and associated rules of their retirement accounts. Generally, dividing retirement benefits often involve a lot of complexities. Hence, the spouses may need to get a separate court order. 

Estate Planning 

Lastly, older adults considering late-life divorce may need to review or modify their estate planning documents, including will, retirement plans, advanced directives, powers of attorney, and beneficiaries. Such modification may include updating your will or removing your soon-to-be ex-partner from a designated role or as a beneficiary. 

An experienced lawyer can walk you through the complicated processes involved in filing for grey divorce and help you avoid the potential pitfalls or mistakes. 

Mistakes to Avoid  

Here are some mistakes to avoid when getting a divorce later in life: 

  • Failure to plan for future uncertainties 

  • Holding on to the family home 

  • Failure to identify all marital or community assets 

  • Overlooking the impact of your medical and life insurance policies 

  • Financial infidelity – hiding assets and income 

  • Ignoring taxes and tax implications of your assets, property, and financial decisions 

  • Seeking late-life divorce without a reputable legal, financial, and support team 

A seasoned divorce attorney can offer you the personalized advocacy and support you need to avoid these errors and help you make informed decisions in your best interests. 

Don't Face Your Grey Divorce Alone 

Filing for a late-life divorce in Maryland can be complicated and emotional. Regardless, this may be an incredible opportunity for you to achieve greater independence and freedom during your later years. Attorney Richard Lebovitz has devoted his career to helping older couples make well-informed decisions in late-life divorce matters. 

As your legal counsel, he can evaluate your personal situation and enlighten you about some special considerations, as well as potential pitfalls to avoid. Also, Attorney Richard Lebovitz will work intelligently with all parties involved to settle silver divorce matters amicably and quickly and help make your transition as seamless as possible. 

Contact Lebovitz Law LLC today to schedule a simple consultation with a knowledgeable family law attorney. Richard can advocate for your best interests and guide you through the complex late-life divorce procedures diligently. The firm is proud to serve clients across Towson, Baltimore County, and throughout the state of Maryland, as well as York, Pennsylvania.