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What Difference Does The Age of a Divorcing Couple Make?

Posted by Mattis Law, A.P.C. on August 20, 2022 in Divorce

Numerous studies have purportedly demonstrated a link between a person’s age at marriage and the chance of divorce. When there is a sizable age gap or the couple is close to retirement, age frequently enters into the legal mechanics of divorces. Age can have a significant impact on a divorce’s financial and practical issues.

When an older couple decides to get a divorce, it can be vital to take into account their ages as it relates to both their health and retirement benefits. A considerable age difference between the spouses may also result in financial and health disparities, as well as questions about how long alimony should be paid for.

Challenges That Couples May Face

If a younger spouse gave up going to college or pursuing a career to care for the home, age discrepancies may be relevant in spousal support disputes. In exceptional cases, it may also be taken into account if the younger spouse made comparable sacrifices to serve as the elder spouse’s caregiver.

Also, if one spouse is experiencing difficulties or health consequences brought on by senior age, a significant age gap can undoubtedly affect child custody decisions.

If the spouses are only a few years apart in age, it’s doubtful that age will be a significant factor in a divorce on its own. Even if spouses are many more years apart in age, the divorce is unlikely to be affected until age-related factors like a pension, retirement benefits, or a spouse’s deteriorating health are taken into account.

Biases Around Age in the Legal System

If one spouse sacrificed schooling or professional experience to care for the home and/or children from the marriage, California courts are more likely to grant permanent spousal support orders.

This applies to older couples who have been married for a long period. If this describes you, you may be qualified for long-term spousal support. If you’re considering divorce as an older person, talk with an attorney about this possibility as well as other crucial elements of financial planning following divorce.

Retirement benefits are a considerably bigger concern for older couples who divorce because they are nearing or have already reached retirement age and don’t have time to save or create a new retirement plan.

If the marriage lasted longer than ten years, Social Security permits ex-spouses to collect the benefits of their divorced spouse. Because of this, a spouse’s ability to receive social security benefits may have an impact on or diminish alimony payments.

How Can a Lawyer Help Protect Your Rights? What Will the Legal Process Look Like?

Divorce is never easy. It can be especially complicated when one or both parties have complex needs, discrete assets, and assets that need to be distributed across multiple states or legal jurisdictions.

Your attorney at Mattis Law, A.P.C., will understand your financial situation and work diligently with you to develop a resolution that addresses all of your needs. Give us a call at (858) 328-4400 so we can guide you through the legal process.

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