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Gray Divorce and Remarriage


Check out this article!

GRAY DIVORCE AND REMIARRIAGE: Are You Prepared for the Elder Years? A Special Issue for Attorneys, Their Loved Ones and Their Clients Family by Willard H. DaSilva, Steven J. Eisman – New York State Bar Journal, July/August 2011, Pages 26 – 39.

According to the article, the divorce rate is rising for baby boomers. In fact, the divorce rate for people ages 67 to 85 is TRIPLE that of the generation before them. And, the rate of remarriage is also steadily increasing.

Why you may ask? There are many cultural changes that have caused this to happen. Women are less financially dependent on their husbands than they once were. "According to a recent survey by the American Association for Retired Persons (AARP), women over 50 now initiate two-thirds of divorce proceedings." Another reason, the recent changes to no-fault divorce law make it easier for people to get a divorce. People are also living longer than they used to.

What does this mean for a potential divorce client? "People who divorce later in life have had more time to accumulate assets and debts, which can be significant in a remarriage and subsequent divorce. Access to pensions, retirement account balances and Social Security benefits must be considered. Moreover, it is crucial during the separation process to revise existing wills. Issues such as estate planning, survivor annuities and the protection of bequests to children must be contemplated and addressed. Additionally, as couples grow older and face increasing health issues, health care decision making and the execution and/or revocation of advanced life directives become increasingly important in the context of a remarriage and/or a divorce."

These are important issues to keep in mind when deciding which divorce attorney is best suited to handle your particular case.