Call for a Free Consultation: 631-923-1910
Select Page

The ‘Gray Divorce’: Long Island Divorce in Your Later Years

by | Feb 13, 2018 | divorce, divorce lawyer long island ny, News and Events, spousal support |

Many people on Long Island consider divorce to be a “young man’s game.” There’s a certain logic to thinking that people will determine, or decide, after a few years of being married that they made a mistake or have grown apart from their partner. The reality, however, is that more and more of the clients in our Long Island divorce law firm fall into the category of “young at heart” if not young in age.

In today’s world, it is not uncommon to find couples who have been married for many decades deciding to end their marriage. They may have grown children, who are now married themselves, when they decide to divorce. Below are some special considerations for those who wish to end their marriage in their later years.

 

Divorce Attorney Consultation

The Rise of the Gray Divorce on Long Island

Over the past few decades, there has been a marked increase in “Gray Divorces”. Today, this catchy phrase is being applied to the divorce wave that has occurred within the generation of the baby boomers. A majority of these clients have been married for at least 20 years. While each couple is different, many common themes seem to be leading this group to divorce.

Some find that they have just grown apart. This situation can be exacerbated when the couples’ adult children have gone to college, moved out, or begun families of their own, or, upon the retirement of a spouse. They find themselves alone together and are not happy in the marriage without the former distractions.

Another main theme is longer life expectancy. When life expectancies were shorter, the idea of getting divorced in your 50s or 60s may have seemed unnecessary, but now, the average life expectancy is well into your 80s. Thus, you could have another 30 healthy years of life after your Gray Divorce. This “second act” has many people deciding to divorce so that those many years of life can be happy or peaceful.

Spousal Maintenance Considerations for Older Divorcing Couples

As mentioned in our other spousal maintenance or alimony blog posts, the duration of your marriage can impact the length of time you receive or pay maintenance. For those falling into the Gray Divorce category, it is likely that you have been married for 20 plus years. This means that maintenance could be paid, post-divorce, for a period representing 35-50% of your marriage. For couples in which one, or both parties, have retired and are on a fixed income, the determination of maintenance is a crucial issue of a Gray Divorce.

Life Insurance Issues for Gray Divorces

For many of our clients, regardless of age, life insurance is a prerequisite to a signed Stipulation of Settlement. If we are representing the party receiving maintenance, a life insurance policy taken out by the payor spouse helps to ensure that, should a tragedy occur, the payee spouse is taken care of financially. In Gray Divorces, the maintaining of a life insurance policy is yet another crucial issue.

Pensions and Fixed Income Issues of Gray Divorces

As previously stated, it is not uncommon for clients seeking a Gray Divorce to be retired and on a fixed income. If you have or are receiving a pension, your spouse is usually entitled to his or her marital share of that pension. This is something that needs to be taken into account when negotiating a Gray Divorce. For many people, the funds they are receiving from their pension is what keeps them afloat, and to have that amount reduced is a serious concern. For other couples, only one spouse has a pension because only one spouse was employed during the marriage. If the nonworking spouse was left without compensation from the working spouse’s pension(s), he or she would be left in poverty. Pensions are still another intricate issue that must be handled with care during a Gray Divorce.

If you have made the decision to divorce your spouse after many decades together, it is very important that you seek an attorney who has experience in these matters. Each case requires time and attention to detail, as each case is different. If you would like to ensure that you are properly represented during your Gray Divorce, please call our Office at 631-923-1910 to schedule your free consultation with one of our experienced Long Island Divorce Attorneys.

Considering Divorce After Many Years of Marriage? Contact Us

If you’re considering a divorce after many years of marriage, it’s important that you seek the counse of an experienced Long Island divorce attorney. If you have further questions, we encourage you to contact our Long Island Divorce & Family Law firm at 631-629-2545 to set up your free consultation.

SCHEDULE YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Robert E. Hornberger, Esq., P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.

All Fields Are Required

divorce questions answered

 

 

Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator

 

 

Reviews

  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
  • I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!

 

 

Long Island Divorce Guide

* indicates required




 

Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

 

Divorce Lawyer Long Island New York