Gray Divorce

As life expectancy has increased and divorce has become more common, a growing number of aging couples are deciding to part ways. This phenomenon is often called gray divorce, which generally refers to divorce among couples who are age 50 or older.

When divorce is necessary, there are some benefits to divorcing later in life. Child custody usually isn't an issue and you may be more financially stable than in the past. But gray divorce also comes with some hazards and risks, especially related to division of assets and debts.

At Moser Law LLC, I can help you through this difficult time efficiently and affordably. We will ensure that all marital assets and debts are accounted for, and we will then draft a proposal to divide the marital estate equitably, as required by Ohio law.

Dividing Retirement Savings

This is perhaps the most important asset to consider in a gray divorce. It costs more to retire as two single people than as a married couple. And the nearer you are to retirement, the less time you will have to make up the difference.

In most cases, retirement assets — including pensions, IRAs and 401(k) accounts — can be divided in divorce. The help of an experienced lawyer is crucial to ensure that the results are accurate and fair.

Should You Keep The House?

The decision about what to do with the marital residence may be more complicated than it seems. If one spouse keeps the house, they must buy out the other spouse for half the value (usually by trading away the equivalent value in other assets). Before you decide to keep the house, consider the following questions:

  • Can you afford to trade away half the value of the house in other assets?
  • Can you afford mortgage payments by yourself?
  • Can you afford maintenance costs and utility bills by yourself?
  • Is the mortgage in both of your names or one spouse's name only?

There is nothing wrong with wanting to keep the house, per se, but the decision must be made in light of these factors.

Other Considerations

In addition to focusing on efficiency (to minimize divorce costs), I will also do all I can to help you gain financial stability post-divorce. In some cases, I recommend other professionals to help with financial planning and minimization of tax issues. Certified public accountants and financial planners are an upfront expense, but they can save you significant money in the long run.

Discuss Your Divorce Needs With An Experienced And Caring Attorney

With an office in Fairfield, I proudly serve clients in Butler County. To learn more about how I can help you through this difficult time, call me at 513-844-1960.