Beware of empty nests

You and your spouse have worked hard to support your family and raise your children. You have them in high school and now the last one has left home and is in school, working somewhere or maybe married. It’s finally over and now there’s time for you and your spouse to relax and start enjoying just being the two of you. Chance for marital bliss once more? Wow, not so fast. You may be headed for the big “D” (divorce) instead.

According to the New York Times, the divorce rate for couples age 50 and older has doubled in more than half a century. According to the 2011 Census Bureau American Community Survey, 15.4% of couples over the age of 50 were divorced, 2.1% were separated, and 13.5% were widowed.

What are some of the factors that lead to the death of marriage? Based on my own observations as a practicing divorce attorney, it comes down to a couple of things. First, so much energy was focused on their children that they did nothing to keep their relationship strong. They separated. Strive to keep your marriage strong. Take trips together without your children, even when they are young. Trust me, they will survive. Second, many baby boomers are in their second or third marriages. IF they are healthy and active and the relationship has become stale or onerous, there is a greater chance that the person will divorce again. Third, be careful with retirement. Being together all the time, when you haven’t been in the past, can be stressful. Find some hobbies that each of you can pursue on your own, as my mom would say, “let there be room in your togetherness.” However, be sure to schedule time to be together as well and look for mutual interest.

Generally, there are greater implications when one is older and gets divorced. These implications can put additional pressure on the children and the family. The kids and other family members will probably (hopefully) like the two of you. They won’t know how to treat you now that you’re not a couple. Stress in finances and the division of assets such as investments, social security, retirement accounts, and tax implications have greater importance and ramifications as a senior couple. Generally speaking, you have acquired more.

Hopefully, you’ll have a wonderful marriage now that the kids are gone. It really is a time to reconnect and enjoy each other. No more pressures of parenting. More disposable income, right? You’re not paying for school, braces, prom, and the list goes on and on. However, if your marriage is one of the statistics, you should seek competent legal representation to ensure that you are receiving what you deserve.

An experienced divorce attorney will work closely with you to understand your needs, review your rights and options, consider creative alternatives, and prepare a solid legal strategy for your divorce and family law case.

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