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Cary Gray Divorce Lawyer

Divorce is difficult at any age. A gray divorce, however, can bring its own unique set of considerations. If you’re going through a gray divorce in Cary, make sure you have an experienced Cary gray divorce lawyer on your side.

WHAT IS CONSIDERED A GRAY DIVORCE?

A gray divorce is a divorce between spouses over the age of 50. It is also known as a “silver divorce” or “diamond divorce.” The trend of later-in-life divorce has grown considerably over recent years due to many factors, including the fact that people are healthier, living longer, and have the ability to leave   a marriage where they are unhappy.

WHAT ARE SOME UNIQUE CONSIDERATIONS WITH GRAY DIVORCE?

Unique considerations of gray divorce may include:

Retirement

By age 50, many people have already made considerable plans for retirement—and chances are, their plans included combining the retirement accounts of both spouses. If one spouse worked throughout the marriage and the other did not, the spouse who did not work may have the right to more of the other spouse’s retirement account.

The spouse who earned less income (or no income at all) may be able to file for benefits from the higher-earning spouse’s social security (at no loss to the higher earner) two years after the divorce if they meet the eligibility requirements.

Asset Division

Many gray divorcees have considerably more assets to take into consideration than younger divorcees, who may not have had time to generate the same level of assets. People who have been married for a long time may also have considerably more shared marital assets than those who have been married for a shorter period, making equitable distribution more complex.

Competency

Are both spouses competent to make legal decisions about the divorce? Are they competent to live on their own in the event of a divorce? If one or both spouses suffers from considerable medical needs, it could impact the divorce.

Long-Term Care Needs

Divorce can impact both spouses’ long-term care planning and their ability to choose the nursing home or long-term care facility they would prefer for their needs.

Estate Planning

Often, gray divorcees already have estate plans in place, which they will need to revisit in the event of a divorce.

Insurance

Ensuring that both spouses have insurance coverage can prove more critical during a gray divorce than it might be for younger divorcees.

COMMON CAUSES OF GRAY DIVORCE

Each marriage is unique, and the reasons for dissolving those marriages are equally unique. However, several common reasons often come up when discussing gray divorces.

  • Waiting until the children are grown
  • Retirement—either deliberately waiting until retirement or discovering in retirement that the couple is no longer compatible
  • The failure of a second, third, or fourth marriage—divorce is more common in subsequent marriages than in first marriages
  • Financial challenges, including putting off divorce until one or both members of the couple can handle the divorce financially

WHAT ARE THE BENEFITS OF MEDIATION?

Mediation can offer several key advantages as you manage your gray divorce. A mediator helps offer an impartial view of the challenges that often go along with dividing your assets. Sometimes, a mediator can help offer a solution that you and your spouse may not have come up with on your own. Furthermore, mediation can help you avoid the additional expenses that may go along with taking your divorce to Court for a judge to decide on the final division of assets.

FINDING THE BEST GRAY DIVORCE LAWYER FOR YOU

How do you know that you have the best gray divorce lawyer for your needs? Make sure you ask the right questions. You may want to consider factors like:

  • Has your lawyer helped with gray divorce in the past? Since gray divorce has a number of unique factors, you want to be sure your lawyer can help guide you through the challenges you may face.
  • Does your lawyer offer mediation assistance, which could make it easier for you to arrive at an agreement with your former spouse?
  • What does your lawyer charge, and what is included in those fees?

If you’re headed toward gray divorce, we can help. Contact us today to learn more about our legal services.

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"Across three states, Jenny was hands-down the best divorce lawyer I worked with! Authentic, savvy, insightful, tough, empathetic and effective. Can ’t say enough good things about her."

Don

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"The entire staff at Triangle Smart Divorce has been wonderful. My divorce has been extremely complicated and difficult, they have helped and been successful at every turn. They are more than competent and are also very compassionate individuals. They will and do walk you through each and every step to obtain the best results for you. An amazing team!"

Hoss

Former Client

"I would rate everything about my experience with Triangle Smart Divorce as 5 stars. The hardest step of any big decision is the first step. Jessica set the tone from the very first phone call. She was compassionate, calming and reassuring. The whole team has continued to work to maintain a supportive environment during the most difficult time of my life. I’m very grateful."

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Frequently Asked Questions

HOW COMMON IS DIVORCE AFTER RETIREMENT?

The rate of gray divorce has increased sharply from 1990 to 2010. According to a study published in The Journals of Gerontology: Series B, 4.9 in 1,000 people over the age of 50 had divorced in 1990, whereas 10.1 in 1,000 people over 50 had divorced in 2010. Because the divorce rate of all age groups remained near-constant, this translates to those over 50 having a 1 in 10 chance of divorce in 1990 and a 1 in 4 chance of divorce in 2010.

Specifically looking at people between the ages of 50 and 64, the study found that the divorce rate rose from 6.9 in 1,000 to 13.1 in 1,000 in those years, and for people 65 and older, the rate nearly tripled, increasing from 1.8 in 1,000 to 4.8 in 1,000, respectively.

Gray divorces have become increasingly common for a number of reasons, and many people have to deal with the challenges of gray divorce each year.

WHAT QUESTIONS SHOULD YOU ASK A DIVORCE LAWYER?

If you’re getting ready to hire a divorce lawyer, make sure you ask:

  • What fees do you charge? What is included in those fees? What other costs should I expect to face?
  • Do you specialize in handling divorces?
  • How often do you expect to communicate with me about my divorce? What happens if we run into problems along the way?
  • How long do you expect my divorce to take?
  • Do you prefer to go to Court or to arrange for mediation?

By asking the right questions, you can help set yourself up for success as you choose a lawyer to help guide you through your gray divorce.

HOW DO YOU SURVIVE A GRAY DIVORCE?

Surviving a gray divorce is much like surviving any other divorce. First, make sure you have a financial plan in place. You may need to cut spending or look for ways to decrease your overall cost of living for a period of time. Second, create a plan for insurance coverage, medical care, and your other needs. Grieve the end of your marriage, but make sure that you maintain your health, spend time with friends, and spend more time with family, including your children. Finally, avoid jumping into another relationship immediately after the end of your marriage, which could cause you to wind up in a potentially detrimental scenario that will leave you more devastated than before.

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