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Facing Divorce after 40


If you are over forty and considering a divorce from a spouse who’s been tied to you for decades, you can expect things to get complicated.  Grey divorcees, sometimes called silver splitters, may face some immediate and long-term challenges that are not as critical to younger couples.  Having an experienced local divorce attorney at your side through this ordeal could make things much easier.

It’s More Common than you’d Think 

Many people imagine that life gets substantially easier after age forty:  after all, careers are more likely to be on solid ground, children are generally becoming more independent, and financial goals are closer to realization.  Nevertheless, statistics indicate that roughly 25 percent of divorces involve individuals who are 40+.  In fact, while divorces in other age groups have been declining over the past couple of decades, those for older couples have actually doubled in recent years.  There are a multitude of reasons: some of the most common include:

  • Changing interests: Many couples find that as they transition to become empty nesters, they lose connections to one another. After years of life revolving around the children, suddenly the house becomes uncomfortably quiet, and hours that used to be spent supporting the children’s soccer games or musical endeavors are now empty. Individual partners look to new activities to fill the time, often solo.
  • Sex: With aging come changes in sexual desire and/or ability. This can lead one partner or the other to feel unloved, creating an even greater gap.
  • Infidelity: If one partner develops a wandering eye, it can put a serious strain on the relationship.

Special Considerations in Divorce 

For whatever reasons, if you decide divorce is the next step for you, there are a number of issues that should be kept in mind:

  • Adult Children: While silver splitters don’t always have to worry about custody issues, they still may have significant emotional reactions from adult children.  Furthermore, because children are older, they may feel entitled to offer unsolicited advice, dish up angry outbursts, or take sides.
  • Financial Responsibilities: One spouse, as well as adult children, may currently rely on the other for health care insurance. Other expenses on the horizon may include university educations, technical school tuitions, and/or weddings.  How will these needs be addressed now that the marriage is ending?
  • Spousal Support: Will one partner require spousal support?  If so, be sure to include all forms of compensation in the calculations, including bonuses, vacation packages, stock options, and other financial benefits.  Also of importance are retirement and 401k plans.

Making the Right Calls 

At the office of Derek L. Hall, PC, our experienced family law team understands the pressing issues facing older couples who decide to call it quits.  Contact our office to schedule a free, confidential consultation today. Our Jackson divorce attorneys will work to achieve the most positive outcomes possible for you.




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