St. Louis Gray Divorce Attorney | Law Office of Amy L. Gervich

Gray Divorce

When most of us think of marriage, we often imagine two spouses living together until they grow old or death does them part, as traditional wedding vows often say. However, recent trends are showing us that “gray divorce,” the act of older couples divorcing, is on the rise.

If you’re going through or considering a gray divorce, you need to ensure you have an attorney familiar with the unique challenges of later-in-life divorces by your side. The divorce landscape is much different than it was even a decade ago. And as you may have already discovered, divorcing as an older person comes with its own set of hurdles.

At the Law Office of Amy L. Gervich in Missouri, our team has extensive experience in divorce cases and representing older adults as they navigate these difficult, life-changing events.

Gray Divorces Involve Distinct Challenges

In recent years, older couples in long-lived marriages have started divorcing at higher rates than ever before, a phenomenon known as “gray divorce.” A 2010 study found that 27% of divorces at the time were between couples aged 50 or above. By 2019, those older couples made up 36% of divorces. And in 2022, another study found that divorce rates were, surprisingly, increasing most rapidly amongst those aged 65 and above.

On first thought, it might seem as though a later-in-life split would be easy and relatively straightforward to navigate. However, couples going through gray divorces face several challenges that are unique to them.

These are some of the issues our older divorcing clients are most concerned with:

Spousal Support

Spousal support (also referred to as “alimony” or “spousal maintenance”) is often a hotly contested part of a divorce at any age. However, when the court decides on spousal support for an older couple (or if you and your spouse intend to work out a support agreement outside of court), the circumstances are often different from those of a younger couple.

When a younger couple divorces, spousal support is usually temporary. For instance, imagine a divorcing couple in their 30s who have children. One spouse stopped working for several years to raise their children, which means the still-working spouse would likely need to pay support for a few years. In that time, the lower-earning spouse could re-establish themselves in the workforce and become self-supporting

The same scenario can’t be applied when older couples divorce. While getting back into the workforce is likely doable for someone in their 30s who hasn’t worked in a while, those who are elderly, facing health issues, and have been out of the workforce for decades may not be able to become self-supporting quite so easily.

Even if it is possible for an older adult to re-establish a career, they may run into an issue of time. If they don’t have many working years left, they might not be able to earn enough to become self-sufficient. And when that’s the case, they may need some level of spousal support for the rest of their life.

As for the higher-earning spouse, depending on the circumstances at hand, they may not be financially able to support their ex-spouse and themselves at the same time.

If you run into issues like these during your divorce, you’ll likely find that there’s no easy answer. However, our team has extensive experience helping couples navigate many different kinds of divorce. We can assess your situation and help you work out an agreement that’s right for both of you.

Division of Assets

Unfortunately, spousal support isn’t the only challenging issue that arises in a gray divorce. Division of assets can become a significantly complex matter as well. Assets are divided in every divorce, but usually, the longer a couple stays married, the more commingled their assets become.

If you and your spouse have been married for decades, you might have to deal with dividing a variety of different assets, such as:

Money in savings or investment accounts
Cash
Your home
Other real estate properties
Vehicles
Social Security benefits
Military benefits
Business interests
Valuable household items

There’s also the issue of division of debt. Usually, if one spouse brings debt into a marriage, that debt is theirs alone. Any debt incurred during the marriage is generally shared. As such, if you’ve been married for a very long time, there’s a decent chance that any debt you have by now is shared. Figuring out how to divide that debt (and handle the logistics of paying it) can sometimes prove to be very difficult.

Missouri is what’s known as an “equitable distribution” state, which means marital assets are divided in a way that seems fair to both parties. However, equitable distribution is not necessarily equal distribution. In other words, it isn’t exactly 50/50. That can be beneficial for the financial well-being of both spouses, but it sometimes makes dividing assets less than straightforward.

Retirement Accounts

Retirement accounts are technically assets, but for older people going through a divorce, dividing them up can be much more complex than doing so with other assets. Money added to a retirement account during your marriage might count as marital property. Even once you (or the court) determine how much each spouse is owed, there’s still the matter of deciding how to divide it.

These are some of the most common options:

Transfer Incident to Divorce: A transfer agreement you can make without a court order
Qualified Domestic Relations Order (QDRO): A court order telling the plan administrator how to divide funds
Present-Day Valuation Buyout: An agreement in which one spouse trades the portion of the funds they’re owed for another asset

Each of these options comes with its own tax implications, so before agreeing on how to divide any retirement funds in your divorce, make sure you consult with our legal team. We can help you protect your finances and your future by choosing the best distribution strategy for you.

Estate Plans

When you’re going through a divorce, you might not be thinking about your estate plan on top of everything else. However, though it might not be absolutely central to your divorce, updating the beneficiaries on it is still important.

When you take the time to ensure your estate plan is up-to-date, it can make things significantly easier for your loved ones in the event of your passing. If you need guidance on how to update your estate plan, it’s worth making an appointment with an estate-planning attorney.

The Right Legal Representation When It Counts

If you’re going through a gray divorce, you likely don’t have to deal with a number of the issues that commonly impact younger divorcing couples. However, that doesn’t necessarily mean that a later-in-life divorce is going to be simple. There are many factors at play in every gray divorce, and the right family lawyer can help you make sense of them.

Whether you’re concerned about protecting your retirement account, division of assets, or paying spousal support, the team at the Law Office of Amy L. Gervich is here for you. We’ll take the time to get to know your case and discuss your concerns with you. And from there, we’ll formulate a plan to help you get through your divorce as efficiently and painlessly as possible.

Give our office a call at 314-582-9914 or get in touch through our online contact form today to set up your free consultation.