Regardless of the age of the couple, divorce law is the same from one situation to the next. The same property division and financial support rules apply regardless of marital circumstances. However, there is a degree of discretion involved when applying state statutes to unique situations. Additionally, there can be complicating factors that may result in far different outcomes from one case to the next.
Gray divorces involving those who are in their 50s or beyond often have the potential to be relatively complex. Older adults thinking about divorce or responding to a spouse’s petition may face one of the unexpected issues below.
1. High levels of conflict
After years or decades of marriage, people may expect to navigate a divorce gracefully and cooperatively. However, gray divorce can lead to high levels of conflict.
Spouses may find themselves fighting over minor issues. They may end up wasting their time and money because of their emotional responses. People may need to look for ways to address potential sources of conflict and to keep their emotions in check throughout their divorce proceedings.
2. Intense reactions from adult children
People divorcing with young children expect them to struggle and often work together to help the children. However, those who wait until their children are adults to divorce may expect them to be more magnanimous.
The opposite is often true. Minor children have to see both parents regularly due to shared custody arrangements and typically feel compelled to seek parental approval and affection. Adults who have established their own lives are less dependent on parental approval.
They may feel comfortable taking sides in the divorce and even ending their relationship with one of their parents. The responses of adult children can affect everything from holiday celebrations to the connection that people enjoy with their grandchildren.
3. Property division can be far more complex
The longer that people remain married, the more joint assets they may accumulate. A gray divorce may require that people divide assets and income acquired over multiple decades.
Not only do spouses have more property to split up overall, but they may also feel more anxious about the outcome of asset distribution proceedings. After all, they have less time to rebuild their finances before retirement. The need to divide retirement savings and home equity can be particularly anxiety-inducing in a gray divorce scenario.
Even those hoping for an amicable divorce may need to prepare themselves for the possibility of serious challenges during a gray divorce. Having support and guidance throughout the divorce process can help people better navigate whatever challenges arise and push for the best possible outcome.