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Considerations for divorce at an older age

by | Jul 5, 2023 | Divorce


Divorce at any age can be very difficult for the people involved, but divorce as an older person carries its own unique set of challenges.

We’ll discuss some of these challenges later in this post. First, it’s helpful to have an overview of the divorce process in California to understand what is required.

Divorce process

In California, the petitioner or the other spouse must have lived in the state for at least six months and in the county where they want to file for at least three months. Then, the petitioner can file for divorce and must serve a copy of the petition to the other spouse.

Both spouses are required to provide each other with a financial disclosure, which details their assets, debts, income and expenses. The parties may also need to address issues like property division, child custody and spousal support. Once all of the issues are settled, the court will issue a judgment of divorce.

Older divorce

People who are older may have more assets, may be approaching retirement and may have additional healthcare needs. Savings accounts and retirement savings will need to be divided equitably between the parties, which can change how they were originally intended to be spent by the spouses. It’s important that each spouse has financial means to care for themselves after the divorce.

Also, divorce could change their estate plan and beneficiary designations for wills, trusts and power of attorney documents. If one spouse was carried under the other’s health insurance plan or if the spouses had a long-term care plan, this his must be reevaluated.

Divorce at an older age may also affect the couple’s social networks and activities, which can be emotionally difficult. However, there are resources to help them through the divorce process.