Legal Considerations When Filing For A Fort Lauderdale Divorce Later in Life

Divorce is challenging at any age, but when it happens later in life, the legal and financial issues can be even more complex. Couples who have spent decades together often have more entangled finances, retirement savings, and assets to divide, and there may be questions about spousal support, healthcare, or adult children.

If facing divorce in your 50s, 60s, or beyond, our Fort Lauderdale divorce lawyer provides caring support throughout the process. Here’s what you need to know when ending a long-term marriage in Florida.

Key Issues That Arise in Fort Lauderdale Gray Divorce Cases

Under Section 61.075 of the Florida Statutes, assets and liabilities must be divided equitably in a Fort Lauderdale divorce, but not necessarily equally. For couples divorcing later in life, years of accumulated wealth and shared responsibilities make this process more delicate. Common concerns include:

• Dividing retirement accounts and pensions: A Qualified Domestic Relations Order (QDRO) is often required to split these accounts without penalties or taxes.
• Spousal support (alimony): Long-term marriages are more likely to result in alimony, especially if one spouse earned significantly less or left the workforce to support the home or raise children.
• Health insurance and long-term care: Older spouses may lose access to their partner’s employer-sponsored health insurance, raising questions about COBRA coverage, Medicare, or supplemental policies.
• Real estate and the marital home: Many later-in-life divorces involve complex decisions about whether to sell or retain the family home, and how to divide proceeds or mortgage obligations.
• Adult children and family businesses: While grown children are not subject to custody orders, their emotional and financial entanglement in family businesses or estate plans can complicate matters.

Protecting Yourself During a Late-In-Life Divorce in Fort Lauderdale

The Broward County Family Court aims for fairness in all divorce proceedings, but the nuances of gray divorce require thoughtful negotiation, especially when both parties are preparing for retirement or already living on fixed incomes. It’s important to have a clear understanding of your goals and your rights. Take these steps to protect yourself:

• Gather documentation: Collect tax returns, retirement account statements, real estate appraisals, and insurance policies to get a full financial picture.
• Evaluate retirement readiness: Consider how dividing assets will impact your ability to retire or maintain your current lifestyle.
• Address estate planning updates: Update wills, powers of attorney, healthcare directives, and beneficiary designations.
• Consider collaborative divorce or mediation: These processes may be less adversarial and more suitable for couples who want to preserve their dignity and privacy.

For Caring, Professional Legal Help, Contact Our Experienced Fort Lauderdale Divorce Lawyer

If facing the challenge of filing for a divorce in Fort Lauderdale later in life, you don’t have to go through it alone. At Vanessa L. Prieto Law Offices, we provide caring support and professional legal help to clients throughout Broward County. To protect your rights throughout the process, contact our office and request a consultation with our experienced Fort Lauderdale divorce lawyer. Start your next chapter with the support you deserve.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

irs.gov/retirement-plans/plan-participant-employee/retirement-topics-qdro-qualified-domestic-relations-order