Arizona Gray Divorce Attorneys

Firm advises on the complications of ending a marriage after age 50

While divorce rates in the United States have generally declined over recent decades, the number of divorces among individuals over the age of 50 is on the rise. Commonly known as “gray divorce,” ending a marriage later in life can raise unique challenges and considerations. Unlike younger couples in the early stages of building their careers and starting families, older individuals face some different types of financial, emotional and health-related issues when seeking a divorce. An Arizona gray divorce lawyer at Clark & Schloss Family Law, P.C. in Scottsdale understands the special considerations involved and will develop a strategy based on your particular situation and priorities. 

What Is a gray divorce?

A gray divorce typically refers to the dissolution of a marriage between partners who are 50 years of age or older. Whether the divorce occurs after decades of marriage, or among spouses who wed later in life, people’s needs and desires can change. While divorce at any age can be challenging, gray divorce can be more difficult due to the increased importance of retirement planning, healthcare needs and difficulty starting, or restarting, a career. 

Common reasons for gray divorce

There are various reasons why couples may choose to divorce later in life. Some find that as their children become independent adults, a shared purpose as parents no longer holds the marriage together. Others experience a loss of connection or companionship, while some may face financial disagreements or differing retirement goals. Additionally, increased life expectancy can lead individuals to reconsider remaining in an unfulfilling marriage for decades longer.

Challenges older couples may face when divorcing

Gray divorce often presents unique challenges that younger divorcing couples may not encounter. Complications can arise from adjusting estate planning documents and dividing complex asset portfolios. Older individuals may face the reality of reentering the workforce after a long time away, or relying heavily on fixed incomes to support themselves after the breakup. Healthcare coverage may be a significant concern, especially if one spouse has been covered by the other's insurance.

How assets are divided in a gray divorce

Arizona follows a community property system, which means that in a divorce there generally is an even distribution of property acquired during the marriage. In a gray divorce, couples may need to divide assets accumulated over decades of marriage. Property that might need to be allocated could include real estate, pensions, retirement accounts, business interests and investments. Special care must be taken when dividing retirement accounts to avoid unnecessary taxes and penalties. 

Alimony for long-term marriages in Arizona

In Arizona, alimony — known officially as spousal maintenance — may be awarded when a marital relationship is dissolved. The amount and duration are determined based on factors such as the length of the marriage, the age and health of the spouses and each party’s earning potential. For long-term marriages, the court may consider the financial dependence of one spouse on the other and whether the dependent spouse can achieve self-sufficiency. Older spouses might have less ability to reenter the workforce and could require alimony for a longer duration. A skilled Scottsdale divorce lawyer can advocate for an alimony decision that is fair and feasible, whether you are the payer or the receiver.

Contact an experienced Arizona gray divorce attorney

Clark & Schloss Family Law, P.C. in Scottsdale provides experienced legal assistance in all aspects of marriage dissolution in Arizona. Our knowledgeable attorneys understand the complexities of divorcing later in life and can help protect your interests regardless of your age. Call us at 602-789-3497 or contact us online for a free consultation.