Legal Issues in Late-Life Divorce

Divorce can happen at any stage in life. Couples who have been together for decades may realize that they no longer wish to be married, or there can be issues of infidelity, abuse, or financial pressures which lead to divorce. Whatever the reason, older couples face some unique legal issues when it comes to divorce. Because of retirement, Social Security, and the length of the marriage, dividing assets can be a complicated process.

If you and your spouse are considering divorce, the San Marcos divorce attorneys of Fischer & Van Thiel, LLP, can help you understand your legal rights and options. You can speak with one of our qualified divorce attorneys today by calling (760) 757-6854.

Dividing Assets

Depending on your circumstances, the following are some of the atypical legal concerns which you may have to resolve in your divorce proceedings:

  • Retirement – Division of retirement benefits is a complicated process and may require a separate court order, known as the Qualified Domestic Relations Order
  • Your Home – Assignment of the house is especially important because of the benefits of owning a house late in life, which can include eligibility for property tax exemptions, eligibility for a reverse mortgage at age 62, potential rental space, and more.
  • Social Security – You may be able to collect retirement benefits from your spouse’s Social Security but without it affecting their benefits.

The legal considerations related to late-life divorce can be very complicated and some of the stakes much higher than in shorter-lived marriages. If you are considering divorce, consulting an experienced attorney is very important.

Speak with a San Marcos Divorce Lawyer

If you or a loved one is involved in family law litigation or a divorce case with child support, custody, or visitation issues, and need legal representation, don’t hesitate to contact the Fischer & Van Thiel Family Law Firm of San Marcos at (760) 757-6854 today to get solid legal advice and a professional divorce lawyer consultation.