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“Silver Divorces” Present Special Challenges

Florida is the number one state for retirement. Naturally, it has an increase in the number of legal needs unique to the senior population. Elder law is a large legal umbrella covering many fields of law with a focus on planning for the legal needs of individuals in their later years. Some of these legal needs include divorce.

Yes, many people divorce in their later years as well. In fact, there has been such a rise in this area of practice, that the process has claimed the nationally recognized nickname of “silver divorce”. Over the past two decades, divorce in people over the age of 50 has grown from one in 10 couples, to a staggering one in 4.

What Makes “Silver Divorce” Unique?

There are many theories on this astonishing increase. Some attribute this growth to the increase in life expectancy, while others give weight to a shift in societal values, changing the way that Americans view marriage in general. But one cause of divorce strikes our older population more than any other age group – finances.

For older couples, financial reasons for divorce may be vastly different than other age groups. Sometimes older people who have no desire to divorce, find themselves confronting that possibility due to medical costs. Funding sources such as the VA Aid & Attendance Program, Medicaid and Long-term Care Insurance can often help. But because government financial requirements are so strict for many public benefits.

Why Choose An Elder Law Attorney For Your Divorce?

If you are over 50 and considering divorce, consider that not all attorneys are accustomed to representing the unique legal needs facing the senior client. The way your divorce settlement is handled today, could have permanent and drastic effects on your future ability to receive public benefits, including VA and Medicaid.

Other considerations are taxes, the Medicare Catastrophic Coverage Act of 1988 or estate planning. Law Office of Amy B. Van Fossen, P.A., can assist all your elder law needs, including:

  • Contested and uncontested dissolution of marriage
  • Equitable distribution of assets
  • Pensions and retirement funds
  • Premarital assets and gifts
  • Real property, personal property, and financial asset distribution

And if you ever decide to marry again, we will be able to help you with a prenuptial agreement to protect your golden years, should you find love a second time around.

How To Contact Us

We look forward to serving you! Call to schedule a consultation at 321-426-1848 or toll free at 800-495-9153 or send us an email.