The term “gray divorce” refers to a separation between spouses over the age of 50. Even though the processes and procedures involved are the same as for any other divorce, there are unique challenges that can present in many cases. The Law Office of Jennifer J. McCaskill, LLC is here to help guide you through the process.
We’re a well-regarded family law firm in Monmouth County, New Jersey, that you can trust. Our Monmouth County gray divorce lawyers have over 20 years of experience and have helped clients achieve successful outcomes even when facing especially difficult and complex legal issues.
We aim to provide our clients with effective, comprehensive, and compassionate legal services from start to finish. Get started today by calling us at (732) 747-1882 to schedule a free case evaluation.
How The Law Office of Jennifer J. McCaskill, LLC Can Help With Your Gray Divorce Case in Monmouth County, NJ
There’s much to consider regarding a gray divorce in Monmouth County, NJ. Issues such as spousal support and estate planning can feature more prominently in this type of divorce than they might in others. The age of the parties also means there’s a higher likelihood the marriage has lasted for a significant amount of time. Not only can this complicate the proceedings, but it can make them more difficult to deal with emotionally speaking.
If you are considering separating from your spouse, you deserve to have your rights and interests represented at all times. Our award-winning Monmouth County family lawyers understand the difficult time you’re likely going through, and we want to be there to help make the experience as smooth and painless as possible. When you hire us, we can help by:
- Ensuring you understand your legal rights and options as your case progresses
- Exploring whether options such as mediation or an uncontested divorce make sense in your case
- Handling all of the correspondence with your spouse’s counsel on your behalf
- Assisting with delicate issues as they arise, such as those related to finances and your future well-being
- Representing you during any and all family court matters
Learn more about how our trusted Monmouth County divorce lawyers can help with your particular case by reaching out today for a free consultation.
Issues To Consider Regarding Your Gray Divorce in Monmouth County, New Jersey
Divorces among spouses over 50 are not necessarily subject to different laws in New Jersey, but they can possess distinct qualities nonetheless. For instance, while child support and child custody are less likely to be key issues, others like estate planning and property division may be at the forefront of the proceedings.
Your interests are what matters most to our Monmouth County divorce attorneys. We’ll make sure, at the onset of your case, that we fully understand your goals and that we thoroughly explain your legal options for achieving them.
Some areas that may become a point of contention in a Monmouth County gray divorce include the following:
Property division can become a crucial issue in a silver divorce (another term for gray divorce). If the marriage has lasted a long time, there’s a higher chance that more substantial marital property has accumulated. This can include things such as joint bank accounts, investments, and other assets, as well as personal property like vehicles and household items.
Retirement-related assets may also become issues in a senior divorce. In some cases, it might be necessary to determine how to divide a retirement plan, pension, or other similar accounts should be split between spouses. Some gray divorce cases might entail evaluating substantial marital debt as well.
New Jersey law adheres to the “equitable distribution” principle, meaning that assets in a divorce proceeding are meant to be allocated in a fair and reasonable manner. This does not necessarily mean that assets will be divided 50/50. Courts may consider a number of factors when deciding how to distribute property, including the following:
- Length of the marriage
- Income of either spouse, if applicable
- The standard of living that the marriage established
- Each spouse’s contribution to the assets in question
- Whether there are any written agreements, such as a prenuptial
This is not an exhaustive list; there are other factors a family court may consider based on the particular case.
Spousal support, also referred to as alimony, is often a primary issue that must be evaluated in a Monmouth County gray divorce. The longer a marriage has gone on, the more likely a court will award more substantive, long-term alimony to a spouse in many cases.
In New Jersey, there are five types of spousal support:
- Open durational alimony
- Rehabilitative alimony
- Reimbursement alimony
- Limited duration alimony
- Pendente lite alimony
Of these, open durational alimony is the most expansive. It can only be awarded under New Jersey law if the marriage lasted for more than 20 years or in other select circumstances, one of which is in gray divorces. Open durational alimony can provide benefits to the receiving spouse indefinitely, depending on the facts of the case.
Estate planning considerations can play an important role in a divorce over 50. For example, you may have drafted a will and testament that was written assuming you and your spouse will remain married. This can implicate areas such as inheritances, powers of attorney, and many other areas that can create problems down the line if left unaddressed.
Schedule a Free Consultation With a Qualified Monmouth County Gray Divorce Attorney
It can be especially daunting to consider divorcing your spouse if you are over the age of 50, especially if your marriage has a lengthy history. At The Law Office of Jennifer J. McCaskill, we understand what you’re going through – and we’re here to be on your side and help you make it through the process as best we can.
We provide full-service legal representation, giving our complete attention and resources to every case we take on. If you hire us, you can rest assured that your interests will be in good hands. We’ll take a collaborative approach to your case, handling all of the paperwork and procedures while ensuring we don’t make any meaningful decisions without your input and guidance.
Ultimately, our aim will be to do everything in our power to ensure your aims are realized and that you are in a favorable position once the divorce finalizes. Call us today to schedule your free initial consultation with one of our Monmouth County gray divorce attorneys.