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Unique Issues Faced by Older Couples Going Through a Divorce

By now, the majority of the Baby Boomer generation has reached,and surpassed, the age of 50.

Older Couples Going Through a DivorceIf you are part of this generation and are thinking about divorce, you may discover your situation is different than younger generations simply because of where you are in life.

Because most of your income-generation years are behind you, you have to pay special attention to factors such as spousal support, health insurance, and future income. There are some issues that are especially sensitive, such as Social Security benefits, which are easier handled with the help of a Miami divorce lawyer.

Social Security Benefits Considerations

Even though the law does not allow Social Security benefits to be divided during a divorce, there are some rules that can impact your benefits if your marriage lasted more than a decade. For example, if you are over the age of 62, you can still collect the benefits after a divorce on your former spouse’s record.

This won’t cause a reduction in the benefits that your former spouse receives. If your former spouse passes away, you may also receive survivor benefits.

Read: Is Divorce the Answer to Receiving More Social Security Benefits from an Ex?

Retirement Account Considerations

It is also important to ensure your retirement accounts are divided properly. In most cases, these are divided by a QDRO – Qualified Domestic Relations Order.

This is a separate court order that covers how retirement benefits are divided. It is important that you plan your finances carefully and make informed decisions to ensure you are going to continue to be financially secure and enjoy your retirement.

Health Insurance Considerations

Another issue your Miami divorce attorney can help with is health insurance. Once you are divorced, each of you is going to need your own health insurance coverage. While there are COBRA laws that allow you to remain on your former spouse’s employer-provided insurance plan for as much as 36 months after the divorce, the premiums you have to pay are typically high. In many cases, this is not feasible for someone who is just divorced.

If you are not 65 yet and don’t qualify for Medicare, then you have to research the issue carefully so you get the health insurance coverage you need after a divorce. Your attorney can help you better understand what you need to do to get adequate coverage.

Emotional Considerations

Many older people don’t consider the emotional aspect of a late-in-life divorce. The fact is, when you are married to someone for an extended period of time, it is much more difficult to handle emotionally than a divorce that occurs in your twenties.

While your attorney can provide some emotional support, it is also wise to seek support and guidance from friends and family during this difficult time. You need to make sure you have the right support system in place to help you get through this difficult time.

Work with a Miami Divorce Lawyer for Peace of Mind

It can be difficult to handle a divorce at any point in your life. However, if you are over the age of 50, you may find it is especially challenging. Working with an attorney can help ensure you consider all the factors here, and anything else that may impact your life now and in the future. If you want to speak to someone or have questions, contact us today.

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The Estevez-Pazos Law Firm, P.A.

135 San Lorenzo Avenue, Suite 650
Coral Gables, Florida 33146
Fax: 305-234-7028
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