Attorney for Divorce Over 50

Going through a divorce is undoubtedly a difficult transition. However, getting divorced after the age of 50 and a long marriage can be even more challenging, and the financial issues that arise can be complex.

My name is Greg Abney. As a Rockville divorce attorney, I founded my firm, Abney at Law, P.C., to provide personalized, one-on-one attention to clients in Montgomery County and the surrounding south-central Maryland communities. From start to finish, I handle every one of my cases myself. My goal is to make sure every client receives the focused support and customized legal guidance they need during what I know is a difficult time.

Navigating Your Next Chapter, Getting Divorced After 50

Every marriage is different, and every divorce has its own set of circumstances. When couples over 50 get divorced, they often face unique complications. Here are some issues that can affect your divorce if you are over the age of 50:

• Retirement savings: Dividing pensions, retirement accounts and 401(k)s becomes more complex when couples have been married for a long time.
• Social Security benefits: Depending on your spouse’s work history, you may be entitled to Social Security benefits.
• Health insurance: Losing health care coverage through your spouse’s health insurance plan can be particularly challenging at this age.
• Adult children: While child custody isn’t an issue after children turn 18, relationships with grown children can be affected. There might also still be issues to settle with adult children, like college tuition payments.
• Alimony or spousal support: Long-term marriages can result in conflicts over spousal maintenance and support.
• Estate planning: Wills, trusts, powers of attorney and beneficiary designations often need updating after a divorce.

No matter what complications arise in your divorce over 50, I am committed to guiding you through the process and protecting your interests so that you can get through this uncertain time of transition and into a new life.

How Does The Length Of Your Marriage Affect Your Divorce Proceedings?

The duration of your marriage plays a significant role in your divorce proceedings, especially for those over the age of 50. In Maryland, longer marriages often lead to more complex property division and potential financial support arrangements. Courts consider the length of the marriage when determining how to fairly divide assets and whether to award spousal support. For marriages lasting 20 years or more, or if there is a significant disparity in income between spouses, the courts will carefully consider what the non income-earning spouse needs to maintain the lifestyle to which they are accustomed.

Can A Spouse Get Indefinite Alimony If They Stayed Home With The Kids And Never Worked?

In Maryland, it is possible for a spouse who stayed home to care for children to receive indefinite spousal support, particularly in long-term marriages. Courts consider factors such as:

• The duration of the divorcing couple’s marriage
• The recipient’s ability to become self-supporting 
• The standard of living established during the marriage 

If you sacrificed your career to support your family, this will be taken into account. However, spousal support is not guaranteed, and each case is evaluated individually based on various factors.

How Are Retirement Accounts Handled In A Divorce Over 50?

Retirement accounts are often a significant asset in divorces over the age of 50 and can be difficult to divide equitably. In Maryland, any portion of retirement savings accumulated during the marriage is typically considered marital property and subject to equitable distribution. In other words, it doesn’t matter if only one spouse was contributing to the retirement accounts during the marriage. The contribution is still considered marital property. This may include 401(k)s, IRAs and pension plans.

Dividing these retirement accounts often requires a special court order, called a Qualified Domestic Relations Order (QDRO). A QDRO allows you to divide retirement accounts in the event of a divorce and avoid tax penalties. I can help you understand your rights and options regarding retirement accounts and advocate on your behalf to ensure a fair division.

Are There Special Considerations In A Divorce With A Retired Military Spouse?

Yes, divorces involving retired military spouses have unique considerations. The Uniformed Services Former Spouses’ Protection Act allows state courts to treat military retired pay as property rather than income. If you’ve been married for at least 10 years overlapping with 10 years of military service, you may be eligible for a portion of your spouse’s retirement pay. Additionally, there are specific rules regarding health care benefits and survivor benefits that need to be addressed.

What Happens With Health Insurance In A Divorce After Age 50?

Health insurance is a crucial concern in divorces after 50. If you’re covered under your spouse’s employer-sponsored plan, you’ll likely lose that coverage once the divorce is finalized. Options may include COBRA coverage for up to 36 months, obtaining insurance through your own employer or purchasing an individual policy. Given the importance of health coverage at this stage of life, I can work to address this issue in your divorce settlement.

How Do Parents Deal With College Tuition In A Divorce After 50?

While Maryland courts can’t order parents to pay for college expenses, many divorcing couples choose to address this issue in their settlement agreement. I can help you negotiate terms for sharing college expenses, which might include setting up a college fund, agreeing on contribution percentages or outlining conditions for support. Planning ahead for your children’s education can provide peace of mind and prevent future conflicts.

Schedule A Consultation With A Montgomery County Over 50 Divorce Attorney

Navigating a divorce after 50 can be overwhelming and present unique challenges, but you don’t have to face it alone. I offer one-on-one initial consultation appointments to discuss your specific situation and explore your options.

To schedule your consultation, call Abney at Law, P.C., at 301-450-0786 or send a message through my website. Let’s work together to protect your interests and secure your future as you begin this new chapter of your life.