Gray divorce involves couples over 50 seeking legal separation. Unique challenges include asset division and retirement benefits. It’s essential to navigate these complexities with expert guidance. Contact a Kissimmee divorce lawyer at Lebron Law, PLLC to protect your interests and secure your future. Reach out at (321) 800-5195 for a free consultation today!
If you are over 50 and considering divorce in Florida, you will join a growing number of couples seeking what many people refer to as a “gray divorce.” Regardless of your age or situation when filing for divorce, you must protect your best interests. The first step is to hire an experienced family law attorney to help you with your case.
Our law firm has a proven track record of achieving success for our clients. We put your needs and best interests first in everything we do. Our legal team is committed to providing exceptional legal services, trusted advice, and compassionate support as we help you navigate the divorce process in Florida.
Our attorneys thoroughly understand the unique challenges senior couples face as they end their marriage at this stage of their lives. Contact us today for a free consultation!
How Our Kissimmee Family Law Attorneys Can Help if You Are Seeking a Gray Divorce in Florida
Florida divorce laws are the same for gray divorces as other types of divorce. However, couples over the age of 50 years may encounter issues that are unique to divorcing a spouse in their senior years. You benefit from hiring a lawyer with experience handling gray divorces.
When you hire our top-rated Kissimmee family law attorney for a gray divorce, you can trust we will:
- Take the time to listen to and address your concerns about a divorce settlement
- Assist you as you prioritize the terms you want to be included in your divorce order
- Explain Florida divorce laws and how they apply to a gray divorce
- Handle all communication with your spouse and their attorney
- Protect your best interests throughout divorce negotiations, settlement discussions, and court hearings
- Explore options for an uncontested or collaborative divorce
- Investigate allegations of hidden assets and other misconduct
- Develop a legal strategy for achieving your goals
- Engage in effective and productive negotiations
- Take your gray divorce to trial and aggressively advocate for your interests
Attorney Michele Lebron has extensive experience in divorce and family law matters. Attorney Lebron has received recognition for her legal services from prestigious organizations, including Super Lawyers, Florida Trend’s Florida Elite, and Orlando’s Reader’s Choice. She leads a team of skilled and experienced legal professionals dedicated to helping you obtain the outcome you desire.
Contact Lebron Law, PLLC, to schedule a free case evaluation with a Kissimmee gray divorce lawyer. Our legal team is dedicated to providing the advice and support you need as you navigate the Florida divorce process for senior adults.
What Is a Gray Divorce?
The term gray divorce is used to describe a divorce between spouses who are 50 years old or older. Research has found that the rate of gray divorces doubled in 2010. This number was particularly significant because the number of gray divorces did not increase very much in the 20 years between 1970 and 1990.
Baby Boomers appear to be divorcing at much higher rates than ever before. In a 2021 report by the U.S. Census Department, about 35% of the couples who filed for divorce during the previous year were 55 years old or older.
The rate at which older couples are ending their marriage relationship may be even higher. Some older couples opt to separate instead of filing for divorce. They may realize that remaining married is more financially beneficial than divorcing. However, they do not want to live together as spouses any longer.
What Are the Common Reasons for Gray Divorces in Florida?
Couples of all ages end their marriages for many reasons. Older couples may file for divorce for many of the same reasons younger couples divorce, including adultery, abuse, or abandonment. Couples of all ages divorce because they realize they are not in love with each other.
However, some reasons for gray divorce relate to the length of the marriage. For example, an older couple may file for divorce because:
- They have nothing in common now that their children have grown up and left home.
- They have different opinions about how to spend their retirement funds.
- A lack of sexual activity or physical intimacy may lead to a spouse seeking a relationship outside of the marriage.
- The spouses have grown apart after decades of marriage.
- They realize they want different things from their retirement years, such as travel versus staying home and spending time with grandchildren.
- There is a lack of communication and emotional connection between the spouses.
The reasons why a couple wants to end a marriage in their later years do not impact the divorce proceedings. The process for divorcing is the same whether you are in your 20s or 60s.
What Are the Grounds for Gray Divorce in Florida?
Florida is now a no-fault state for divorces of all types. The only two grounds for a gray divorce in Florida are:
- Irreconcilable differences have led to the irretrievable breakdown of the marriage or,
- Mental incapacitation of one of the spouses for at least three years.
The divorce process is the same for gray divorces as other divorces. At least one spouse must meet the residency requirement for a divorce in Florida–be a resident of the state for at least six months before the divorce papers are filed with the court.
A spouse files the divorce papers and serves them to the other spouse. The responding spouse has 20 days to file a response with the court. The court will not issue a divorce order until at least 20 days after the divorce papers are filed and served.
Are Gray Divorces More Complex Than Other Types of Divorce?
In some cases, a gray divorce may be less complicated than divorcing at a younger age. A couple may intentionally wait until their children are grown to file for divorce. Without minor children, the parties do not need to address child custody or child support. Issues related to minor children are often some of the most contentious issues addressed during a divorce.
Another factor that could make a gray divorce less complicated is the couple’s ability to communicate and respect one another. After spending decades together, the parties may have a deeper understanding of and respect for each other. This quality may allow the couple to compromise so they can seek an uncontested or collaborative divorce.
On the other hand, couples in a gray divorce face issues related to property division and other issues that younger couples might not encounter. Those issues include:
Property Division in a Gray Divorce
Older couples may have accumulated substantial assets during a lengthy marriage. Marital assets may include the family home, business interests, vacation properties, retirement accounts, and high-asset personal property. Dividing these assets can be complicated, especially given that the parties need to be acutely aware of their financial needs during retirement.
Florida is an equitable division state for marital assets. Therefore, courts will decide what is fair for dividing marital property if the spouses cannot agree on the terms for property settlement. Fair does not always mean a 50/50 split. Prenuptial and post-nuptial agreements may also impact property division.
Social Security and Retirement Accounts
Older couples are closer to retirement age in a gray divorce. Therefore, they must carefully consider their current resources and what they will need in the future. They must also consider Social Security benefits. A person could qualify for Social Security benefits under their ex-spouse’s account.
Gray divorces may involve retirement accounts containing significant funds. The spouse may strongly disagree on how these accounts should be divided, especially if one spouse was a homemaker for most or all of the marriage.
Spousal Support and Gray Divorces
The factors and laws governing alimony are the same in gray divorces. However, the duration of the marriage can be a significant factor in determining spousal support in gray divorces. Spouses nearing retirement age may encounter unique issues related to alimony. Furthermore, a spouse who has been a homemaker during the marriage may not have the earning capacity to support themselves after divorce.
Health Insurance, Life Insurance, and Estate Planning
Health insurance is another complicated issue in gray divorces. Older individuals may have higher healthcare costs. If their spouse provides health insurance coverage through their employment, divorcing now could result in severe financial hardship for the spouse without health insurance. Couples divorcing in their 50s may have another ten or more years before they can qualify for Medicare benefits.
Estate planning and life insurance can also be complicated issues. Older couples often have estate plans and life insurance that name each other as the primary beneficiaries. The parties may rely on life insurance proceeds and estate funds as part of their retirement plans. If these issues are not addressed correctly in a gray divorce, it could cause problems for the parties in the future.
Schedule a Free Consultation to Discuss Your Situation With a Kissimmee Gray Divorce Lawyer
Our attorneys understand the issues involved in a gray divorce. We are equipped and prepared to assist you in addressing each issue in your gray divorce to protect your interests.
We have a proven track record of achieving positive results for our clients. Call Lebron Law, PLLC at (321) 800-5195 to schedule your free consultation with a Kissimmee gray divorce lawyer.
Visit Our Family & Divorce Law Firm in Kissimmee, FL
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741, United States
(321) 800-5195
