Divorces can be complicated, especially for older couples. Although many issues younger couples would face, such as child custody, do not apply, there are some issues that need to be considered when divorcing. Once you and your spouse have made the decision to divorce, here are some concerns to consider.
1. Mental and Physical Health
Since both partners are older, there is a possibility that the mental and physical health of one or both could be an issue during the divorce. If you or your spouse had a medical condition that can affect the ability to make reasonable decisions, the court might intervene and require that a guardian represents his or her interests.
If your spouse is the one who is incapable of making sound decisions and you fail to factor in his or her health condition, there is a possibility that your divorce plans could be challenged later by family. It is important to do everything you can to be fair regardless of your spouse's health.
2. Retirement Plans
One factor you must consider in your divorce is how you plan to split your retirement funds. This can be complicated by a number of factors, including when the funds are scheduled to be distributed, how long you were married, and whether any loans were taken out of any of your plans.
Simply deciding that each partner maintain his or her own retirement funds is not always the best solution for several reasons. One reason is that your spouse might be entitled to receive survivor's benefits if you die. Even though you are divorced, your plan might still allow for it.
3. Estate Planning
Another issue you and your spouse need to work through involves both of your estate planning. If you and your spouse are having trouble negotiating about your assets, you can use your plans for your estate to possibly reach a compromise. For instance, you can negotiate with your spouse to be the beneficiary of his or her life insurance in exchange for listing him or her on your will.
If you share children and grandchildren, you can also work together on estate planning to ensure that they all receive the assets you want them to receive from the both of you.
There are many other issues you and your partner should consider. Work with a family law attorney like The Law Offices of Paul F. Moore II to determine what applies to you and your spouse's situation and create a divorce decree with which both you and your spouse can agree.