The number of couples who divorce after the age of 50 has doubled since 1990, starting a trend known as “grey divorce.” While divorce is difficult for families at any age, it may have a specific personal and legal impact for grandparents. If you are a grandparent facing divorce, you should have a clear understanding of how the legal termination of your marriage could impact your rights. Grandparents who are facing divorce should also remember that your children as well as your grandchildren will be impacted.
The decision to divorce later in life may be the result of decades of struggle. You may have tried to make things work and even tried counseling, but now you know that the situation can only be resolved through divorce. Telling your family and accepting your new life as a single person is always difficult. In addition to handling the personal aspects of your divorce, you should also be aware of your long-term legal rights and interests. OurBirmingham divorce attorneys are experienced with divorce for couples at any age. We understand the challenges that you face and will help you explore your options and protect your rights in the divorce process.
If you are a grandparent facing divorce, here are some important considerations:
Family challenges and struggles. Even if you are not in the day-to-day lives of your grandchildren, it is likely that your decision will impact your children, even if they are already grown, as well as your grandchildren. Take time to explain your decision and work on creating a lasting support network with your loved ones. Of course, you should never bad mouth your former spouse and do your best to keep things amicable and on good terms before, during and after a divorce is finalized.
Protecting retirement funds and assets. Divorcing later in life will likely impact older couples differently than younger couples. If you have shared retirement, pension plans, including a 401k, you should consult with an experienced advocate to protect your rights to marital assets. Property division for older couples is going to be one of the most complicated legal issues to resolve.
Rights to child visitation and holidays. You and your former spouse may not have custody of your grandchildren or other family members, but you may need to work out how you will divide your time with your family. You should never ask children or grandchildren to take sides after a divorce, but be open-minded about how to share visitation time and holidays after divorce. If you cannot share space with your former spouse, consider an agreement to fairly assign holidays or visitation with family.
Creating a new will. After your divorce, it is important to review your financial assets and investments. It is likely that you will need to create a new will or assign another family member power of attorney in the event that you should become ill or incapacitated. In addition to helping with your divorce, an experienced lawyer can also help you assess financial issues that may arise after a “grey divorce.”
If you are seeking a divorce in Birmingham, contact Family Law Attorney Steven Eversole at (866) 831-5292.