Fort Lauderdale Divorce Lawyer

Study Shows Risk of Divorce Higher for Those Who Marry in Their Early 30s

The Institute for Family Studies recently published the results of their analysis of data taken from the National Survey of Family Growth between 2006 and 2010. While it is not surprising that those individuals who married young, such as those in their early 20s, faced a heightened risk of divorce, researchers also found that those who waited much later to marry, such as past their early 30s, are now at a higher risk of divorce. In fact, for each year past an individual’s early 30s that he or she gets married, the odds of divorce increase by five percent. This is quite a departure from past studies; a 2002 study showed that divorce was becoming less common for those who were married during their early 30s. Furthermore, the data gave no clear answer as to why these divorce rates have changed so substantially for this demographic over time.

Division of Property and Debts

From a legal perspective, the age of the parties when they marry can impact the amount and type of assets that potentially may be divided in a divorce. When parties wait until their early 30s to marry, they are more likely to have already developed a clear career path and may have been working for a number of years. This means that the parties may have incurred substantial debts, such as student loans. They may also have obtained significant assets, such as retirement accounts and pensions. These issues can complicate an otherwise simple divorce.

Under Florida law, parties generally may retain property that they obtained prior to the marriage, as long as they kept it separate during the marriage. However, if the parties used both of their incomes to make improvements to a home that one spouse owned prior to the marriage, then the home may be considered as marital property, depending on the exact facts and circumstances surrounding the case. Likewise, a spouse who had a significant student loan prior to the marriage may be solely responsible for that debt. The length of a marriage can also have an effect on the division of marital property, as well as the designation of some property as non-marital property.

Effects of a Prenuptial Agreement on Property Division

Some couples enter into a prenuptial agreement prior to getting married, which can determine how property will be classified and/or divided during a divorce. Particularly when a couple is older and has significant separate assets that each individual is bringing to the marriage, a prenuptial agreement may be a tool for making property division easier in the event that a divorce occurs. While no one likes to think about divorce when he or she is getting married, it is a reality for many Americans, especially as marriage ages continue to rise, thus increasing the risk of divorce, at least according to the results of this recent study.

Call Your Florida Divorce Lawyer to Schedule a Consultation

At Vanessa L. Prieto Law Offices, LLC, we know how complex property division during a divorce can be. Many different factors influence property division during a divorce, and classifying property as marital or non-marital is not always as straightforward as one might think. Consult a Fort Lauderdale divorce attorney today, and learn how we can help you with property division and all other aspects of your divorce case.