Family Law

“Historically we thought, ‘Older people, they don’t get divorced…,’ Now one in four people getting divorced is over the age of 50. In 1990, it was less than one in 10”
– Susan L. Brown

Divorce, separation, remarriage, and partnerships, while not easy for the young, can be dauntingly complex for those of us over age 55. We used to sing, “Ain’t no river wide enough to keep me from you.” Now we’re older and wiser, and perhaps we need to be a little more practical.

Law firms with elder law expertise are needed to deal with a new tangle of issues around affairs of the heart.

Some areas that can be affected by divorce, remarriage, or cohabitation after divorce are:

  • Protection of Social Security, pension, health care, and related benefits
  • The potential cost of assisted living care
  • Temporary and post-divorce estate planning that includes new wills, powers of attorney, health care documents
  • Resolution of life insurance beneficiary designations and policy ownership, and other benefit plans
  • How to handle assets that may be held in joint ownership, co-tenancy, or some other shared-ownership arrangement
  • Remarriage, co-habitation, and long-term care issues – including the effects and risks of co-habitation agreements, prenuptial agreements, and postnuptial agreements
  • Planning for incapacity and disability through powers of attorney and health care documents
  • Guardianship and conservatorship options and risks
  • Grandparent visitation rights – an increasingly important issue as our mobile society divorces
  • Planning for disabled spouses and children through special needs trusts and other documents