Gray Divorce Lawyer in Hackensack, New Jersey
Spouses over the age of 50 who decide to dissolve their marriage must contemplate various issues during the divorce process. While younger couples must follow the same legal requirements and procedures, a gray divorce involves special considerations, given the parties’ age.
If you and your spouse are considering a gray divorce in Hackensack, NJ (i.e., a divorce involving couples aged 50 and over), it’s essential to seek guidance from an experienced attorney. You must prepare for your future and ensure you can maintain a good quality of life after the marriage ends.
The legal team at Arons & Solomon Divorce Lawyers is here to help you navigate the dissolution process and protect your rights. Our Hackensack divorce lawyers have over 150 years of combined experience handling complex family law matters like yours.
We’ll alleviate your stress and be your strongest advocate as you adjust to a new normal. Contact our law office at (201) 487-1199 for a free consultation with a gray divorce lawyer in Hackensack, New Jersey.
How Can Our Hackensack Family Law Attorneys Help You With a Senior Divorce?
A gray divorce (also known as a silver divorce) can involve complex estate planning and property division issues.
Parties who have been married for a long time have often accumulated considerable marital assets. Additionally, you and/or your spouse may be retired (or approaching retirement), meaning retirement income, social security benefits, and other financial issues must be considered.
Our Hackensack divorce attorneys will guide you through the process and help you reach an outcome that meets your objectives. We can help by:
- Explaining and protecting your legal rights
- Identifying marital assets and debts and seeking full financial disclosure from your spouse
- Assisting with complex property division matters, such as dividing retirement accounts
- Planning for your future and ensuring your financial and healthcare needs are met
We understand it can be an overwhelming experience going through a divorce – especially if you’ve been married for decades. We’ll offer compassionate legal advice and ease your worries. Contact our Hackensack gray divorce lawyers today for a free initial consultation to learn more.
What Makes a Gray Divorce Different from Others?
Divorce over 50 is different from divorce amongst younger couples. While you may not have to worry about child support or child custody issues, you must prepare for your future.
You should consider how you’ll live on one income, whether you’re retired or not. Will you be able to maintain the same type of lifestyle without your partner’s financial contributions?
Additionally, if you’ve been in a marriage for a long time, it could be challenging to divide your marital property.
Here are a few issues that may require careful consideration if you’re facing a silver divorce in Bergen County, NJ:
Retirement Accounts and Property Division
Property division is often more challenging in a senior divorce due to substantial marital assets. Distinguishing between marital property and separate property could be difficult.
Couples who have been together for a long time tend to accumulate a great deal of personal property, such as artwork, jewelry, furniture, and sentimental items. They may also have several shared bank accounts, savings accounts, stocks, bonds, investments, and other financial assets.
Additionally, you or your spouse may have retirement plans that need to be divided, or you may already receive retirement income. Each party’s 401(k)s, pensions, IRAs, and other similar accounts must be assessed when equitably distributing the property.
Marital debt must also be evaluated. You must decide how it will be paid and who is responsible for which portion.
New Jersey is an equitable distribution state, meaning the court considers multiple factors when allocating marital property in a divorce. While the goal is to divide the property fairly, that doesn’t always mean it’ll be a 50/50 split.
When determining the equitable distribution of marital property, the court will evaluate:
- How long the parties were married
- The age and health of each party
- Each party’s financial contributions to the marriage
- The parties’ standard of living
- The tax consequences of any proposed distributions
- Each party’s income level, earning capacity, and economic circumstances
- The need for a trust fund to cover foreseeable medical costs for a spouse
Each of these factors is likely relevant in a New Jersey gray divorce. The judge may consider other things that apply to your specific circumstances, such as if you have a prenuptial or postnuptial agreement.
Older couples have usually established an estate plan. Spouses typically leave everything to each other, followed by their children, so you may need to amend the documents. You should also consider the economic effects of a lack of inheritance if you’ve relied on your spouse for support.
You may have executed a will and/or trust and designated beneficiaries in a life insurance policy and retirement accounts.
You likely also have powers of attorney and healthcare directives outlining who will make financial and medical care decisions if you become incapacitated. You need to consider these documents and make necessary changes to avoid complications in the future.
Alimony – or spousal support – is an important consideration in a grey divorce.
You may require financial assistance without your partner’s additional income, or your spouse may have been supporting the family all along. That’s particularly true when one spouse stayed home to raise children and never worked outside the home.
You could be entitled to open durational alimony, meaning the spousal support is permanent and has no definite end date. This type of alimony is only granted when the parties have been married for at least 20 years or in other special circumstances – such as divorce over 60.
Even if you aren’t granted permanent alimony, the court may consider all factors and determine that you should receive spousal support payments for a specific timeframe.
Future Medical Needs
You should consider your current and future medical requirements. For instance, are you on your spouse’s health insurance plan? Acquiring your own insurance could be expensive, and a new policy may not have the necessary coverage.
When evaluating alimony and equitable distribution, courts consider the parties’ physical and emotional health. They may award you more to account for your healthcare needs.
A gray divorce lawyer in Bergen County, NJ will advise you and offer options and solutions to these and other issues related to your dissolution of marriage.
Contact Our Hackensack Gray Divorce Attorneys for a Free Case Review
Are you considering a senior divorce in Hackensack, NJ? You’re not alone. Contact Arons & Solomon Divorce Lawyers to discuss your goals. You want to be prepared for your future, and a compassionate gray divorce attorney in Hackensack can help.
Contact our Bergen County family law office today for a free initial consultation to learn more.