Getting a divorce is not something that only people in their 20s and 30s do. Those who married, built a career, had children, and bought a house together may decide, later in life, that divorce is the necessary next step in life. This article explains considerations for a divorce after 50 in Georgia, often called a grey divorce.
At Attorney Sharon Jackson LLC, we work with people who are ready for a new chapter in their lives, no matter what their age. Set up a consultation to learn more about what we can do to help you navigate divorce over 50 in Georgia.
Gray divorce refers to a couple divorcing after reaching the age of 50. Some individuals built an entire life together. Others may be just a few years into the process.
There are various reasons why grey divorce takes place and why it is a growing trend in the area:
A late-life divorce is not a bad decision. Mature divorce can be a fresh beginning that allows you to explore a very different world. However, there are factors to keep in mind that make these divorces a bit more complex.
As you navigate divorce over 50 in Georgia, there are a few specific legal considerations to mind and plan for before moving forward. In an ideal world, you will hire an attorney to represent you through this process.
Division of Assets
The complexity of divorce after 50 starts with the need to divide assets fairly. Georgia is what’s called an equitable distribution state, which means that the assets from your marriage are fairly divided based on the financial contributions of each party in the relationship. Many older couples have more assets to consider, such as:
Alimony
In many cases, especially when one person stayed home to care for children throughout much of the marriage, alimony is a factor. Alimony and spousal support are the same thing. It is when one party financially provides monthly or regular financial support to support an ex-spouse.
The courts determine alimony based on how long the marriage was, for example, as well as the ability of each party to work to support themselves at this point in their lives, especially if they have not had to do so for some time.
Social Security and Retirement Benefits
Retirement and divorce can become factors when you consider the right to Social Security each person faces. Social Security benefits and pension division, often the core components of retirement income for those who are older, may be different after divorce. For example, if the marriage lasted at least 10 years, the former spouse may be eligible for Social Security benefits based on not just their own work history but also that of their former spouse.
Estate Planning and Beneficiaries
Another factor to take into consideration through the gray divorce process is the need to update documentation and legal details, including:
You want to be sure these documents provide clarity on what you want to happen after your divorce occurs.
As you consider the future, know that your attorney can help you create a plan that is representative of your best possible outcome in each of these areas:
Georgia's alimony laws make it clear that many spouses have the right to receive alimony, yet this is not a simple process or an easy-to-prove situation. For that reason, consider the following:
If you wait to divorce later in life for the kids, there are still factors to think about during this process. Communicate openly with your adult children about your needs and goals. Take their emotions into consideration. It may also be time to consider grandparents' rights and how you can maintain relationships with members of the family who may no longer be easy to contact.
In Georgia courts, there are options, including either mediation or litigation. The right path for your decision is dependent on how well both of you can come to an agreement. Hiring the right Gwinnett County divorce attorney will help you.
Prepare financially, emotionally, and legally. This is a process that requires careful legal guidance to ensure you are set up for the best possible future from a legal and financial perspective. You will need the right support system, including emotional resources and legal and financial teams to guide you.
Turn to Attorney Sharon Jackson LLC to discuss your goals and your options. We can help you anywhere in the Metro Atlanta area and all surrounding counties. Contact us at (678) 436-3636 today to learn more about your rights.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100