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Wilkes Barre Family Law Blog

Tips for facing a gray divorce in Lehigh County

If you have been married for 20 years or more and now you are in your 50s or 60s and facing divorce, you are not alone. These types of divorces, often referred to as "gray divorce," are becoming increasingly common, even in Lehigh County. 

Gray divorces, like all divorces, can be difficult and painful, but they can also offer new and positive opportunities for the future. If you are facing a gray divorce, you should not despair. Many people in Lehigh County have gone through a divorce in their 50s or 60s and come out the other side successfully. 

Difficult Decisions - Disability And Child Support

Negotiation of parenting and support issues during a divorce is difficult enough, but when a dependent child has a serious disability, it adds a whole new dimension to the divorce settlement process. Here are some of the support, visitation and life-long issues that impact settlement negotiations.

Possible Extension Of Child Support Payments

If you have an existing child support arrangement for a disabled minor child that is about to turn 18, your responsibility may not end even though your child becomes an adult. Family law in Pennsylvania states that, in most cases, support ends when the child is over 18 years of age.

How divorce during retirement age affects your finances

It can feel scary to think about uprooting from a spouse when you are nearing retirement age. Choosing to end your marriage later in life has its own unique fears and concerns associated with it. At this stage of your life, financial stability is highly important, as well as securing yourself a reliable place to call home.

Your future financial stability depends on assessing and dividing your marital assets. If one or both spouses are retired, this will likely cancel out the need for spousal support. However, your retirement savings, 401(k) or IRA and property are the focus of asset division.

Visitation and custody for grandparents

As a grandparent, you have a lot to contribute to the well being of the next generation. You may even feel that your grandchildren need a lot more than they are getting from their parents. But under Pennsylvania law your rights are limited at best.


That doesn't mean you can't have custody or visitation with your grandchildren, however. It can be a long fight, but it is possible. The courts do recognize that sometimes it is good for grandparents to be involved or even have full custody.

Equitable distribution and the family business

Like many other states, Pennsylvania uses the equitable division approach to distributing marital assets. When your marital assets include a business, handling it fairly can present a challenge.

Your business may fall into the category of a marital asset if you started it after getting married. If the business existed before the marriage but gained value afterward, the increase may count as marital property.

Divorce and your mortgage

There is nothing simple about divorce. Whether you have been together for five years or 25, the process of splitting assets and dividing your life can be a huge headache without the right help. Per the Centers for Disease Control and Prevention, over 800,000 couples in the United States filed for divorce in 2014. Because close to 60 percent of the population also owns a home, this makes for tough financial decisions for couples ending their marriage.

 

How to divide retirement assets in divorce

Divorcing when you are young is fraught with complications such as children's schedules, student loans and child support. While these decisions may be difficult to navigate, divorcing when you are older has its own challenges. Retirement accounts, social security and pension plans will all need to be divided, something that can be impossible to determine on your own. Forbes states that, with 25 percent of all divorces now occurring in couples who are over age 50, this issue is becoming more and more prominent. There are several things you need to know if you are nearing retirement and divorce at the same time.