Family Law Group, INC.
Call Our Attorneys Today 925-344-3524

Late-in-life divorce may involve asset division, spousal support

The dissolution of marriage after age 55 is becoming more and more common. Unfortunately, going through divorce later in life can be tricky, as those getting divorced may have more assets to divide and less time to recoup their divorce-related financial losses before the retirement years arrive. Here are a couple of tips designed to help people navigating late-in-life divorces in the Bay Area.

First, any assets that the two individuals earned while married must be split 50/50, as California is a community property state. Any item earned before the marriage date, however, is deemed separate property and thus is not subject to property division. In addition, any retirement asset can be split tax-free with a court order.

Second, spousal support may be awarded as part of a divorce proceeding. Lifetime support is awarded in certain cases, but for the most part, divorcing individuals can expect to pay or receive spousal support for limited amounts of time, according to how long they were married. Courts usually require this support to end once the person receiving it reaches the age of eligibility for Social Security benefits.

An attorney in the Bay Area can guide an individual through all phases of a divorce process that happens later in life. This includes helping him or her to file for divorce and then address matters like spousal maintenance at the negotiation table, for example. If certain issues cannot be resolved through out-of-court processes like negotiation or mediation, then the attorney will be ready to take these issues to court, keeping the client's best interests at the center of the proceeding.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Arrange A Personal Consultation And Get The Answers You Need

We welcome the opportunity to meet with you personally to discuss your situation and answer any questions you may have. Please call our family law attorneys at 925-344-3524 or contact us online to arrange a consultation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Offices Conveniently located in Livermore & Walnut Creek

Livermore Office
1840 4th Street, Suite 200
Livermore, CA 94550

Phone: 925-344-3524
Fax: 925-447-0272
Map & Directions

Walnut Creek Office
1990 N. California Blvd., Suite 600
Walnut Creek, CA 94596

Phone: 925-344-3524
Fax: 925-447-0272
Map & Directions