Gray Divorce: After 20, 30, or 40+ Years |Moshier Law

Gray Divorce Statistics

According to 2015 data provided by Pew Research Center, for couples over 50, there were about 10 divorces for every 1,000 marriages in 2015, compared to only 5 divorces for every 1,000 marriages in 1990. Furthermore, the divorce rate has roughly tripled for persons age 65 or older. The divorce rate for couples over 40 years of age that have been married less than 10 years is 21 divorces for every 1,000 marriages. [2]

Gray Divorce and Alimony

Spousal maintenance, or alimony under Arizona laws, poses complexities in a ‘gray divorce.’ It involves financial support provided in legal currency to the financially disadvantaged spouse. Alimony may be granted for various reasons, with one significant factor being a lengthy marriage where the receiving spouse is unable to work. A marriage lasting over 20 years is a basis for alimony, especially if age prevents self-sufficiency through employment. A court may grant spousal maintenance if it hinders securing gainful employment. However, as per A.R.S. § 25-319(B) [3], the amount of spousal maintenance is determined by multiple factors, including but not limited to

Living standards developed during the marriage;

How long the marriage lasted; and

The earning ability, employment history, and age of spouse that needs maintenance.

Gray Divorce and Social Security

If you were married for at least 10 years and remain unmarried, you’re eligible for half of your ex-spouse’s Social Security benefits. You can still receive these benefits even if your ex-spouse delays filing, and their remarriage doesn’t affect your eligibility. However, if you were to get remarried, you can no longer claim social security benefits. [4] Rules for receiving social security benefits:

You must remain unmarried;

You have to be 62 years of age or older;

Your ex-partner must be entitled to receive Social Security disability or retirement benefits; and

The social security benefits you are eligible to receive for your own work is lower than the benefits you would receive for your ex-partners work.

Collaborative Divorce Is the Best Gray Divorce Option

Collaborative divorce offers peace during a challenging transition. It’s an out-of-court process, similar to mediation but with individual attorneys. Full transparency on finances and commitments to resolution are key. Ideal for conflicts over shared high-stakes interests requiring cooperation. Approximately 92% of divorcing individuals qualify for this option. It doesn’t demand a fully “collaborative” behavior but requires commitment to the process. Attorneys and neutral experts, trained in collaborative divorce, are essential. Also known as collaborative law, it helps in various ways:

Maintain Peace: Eases the emotional burden during a tough life transition.

Out-of-Court Process: Avoids courtroom battles, similar to mediation.

Individual Attorneys: Each party has an attorney for personalized advice.

Financial Transparency: Full disclosure of finances and employment opportunities.

Commitment to Resolution: Both parties commit to achieving a resolution.

Conflict Resolution: Particularly useful for conflicts over challenging-to-divide high-stakes interests.

Cooperation Required: Continued cooperation is necessary for success.

Broad Eligibility: Around 92% of divorcing individuals can opt for this option.

No Forced Collaboration: Conduct expectations, but not forced collaboration.

Trained Professionals: Involves attorneys and experts trained in collaborative divorce.

Some law firms may boast about aggressiveness in litigation, but often, it’s just sales tactics. Despite aggression, outcomes rely on a judge. Amid life crises, maintaining perspective is challenging. We stand out because we understand collaborative law, especially for gray divorces. Our network includes independent professionals for your spouse in collaborative law. Divorce involves financial transactions, often clouded by emotions. Collaborative law facilitates meaningful conversations, addressing hurts and challenges. It allows a uniform approach to share life changes with friends, children, and family. Attend events for kids and grandkids drama-free. While losing a spouse, you can still be family, maintaining relationships successfully, as many people do.

Sources

Cheng, Marguerita. “Grey Divorce: Its Reasons & Its Implications.” Forbes, Forbes Magazine, 26 Feb. 2019, www.forbes.com/sites/margueritacheng/2019/02/26/grey-divorce-its-reasons-its-implications/#299c2afa4acd.

Stepler, Renee, and Renee Stepler. “Divorce Rates up for Americans 50 and Older, Led by Baby Boomers.” Pew Research Center, Pew Research Center, 9 Mar. 2017, www.pewresearch.org/fact-tank/2017/03/09/led-by-baby-boomers-divorce-rates-climb-for-americas-50-population/.

25-319 – Maintenance; Computation Factors, www.azleg.gov/ars/25/00319.htm.

“Social Security.” Benefits Planner: Retirement | If You Are Divorced | Social Security Administration, www.ssa.gov/planners/retire/divspouse.html.