Gray divorce follows the same legal process as other divorces. But decisions about retirement accounts, pensions, Social Security, healthcare, the family home, and alimony can feel especially heavy when you have less time to rebuild financially.
Our gray divorce lawyers take the time to understand what matters most to you. We help people ending long marriages understand what they own, what income may be available, and how each decision could affect their home, healthcare, retirement, and daily life after divorce.
After decades of building a life together, it can be difficult to picture a different future. It is normal to feel unsure about where to begin. You do not need every answer before asking for help.
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Kris has completed extensive continuing legal education focused on the financial and legal issues that often arise in divorce after 50.
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A consultation gives you a place to ask questions. It does not commit you to filing for divorce.
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A gray divorce is not a separate kind of court case. The divorce laws in your state still apply. What makes divorce later in life different is how closely long-term assets, retirement income, housing, insurance, and support may be connected.
We help you gather information about income, expenses, real estate, debts, retirement accounts, pensions, investments, insurance, business interests, and other property. If something is missing, financial disclosures or discovery may help uncover it.
We look at when and how each asset was acquired, whether any part may be separate property, and how your state handles property division. Long marriages often involve assets with both marital and separate portions, so records showing where the money came from can matter.
Two assets with the same dollar value may not provide the same financial support. Taxes, access to cash, investment risk, monthly income, home expenses, survivor benefits, and healthcare costs can all affect what a settlement is truly worth.
“Gray divorce often requires one retirement budget to support two households. Each spouse should prepare a realistic post-divorce budget that accounts for housing, taxes, insurance, healthcare, inflation and emergencies. The value of an asset on paper may be less important than the reliable after-tax income it can generate.”
— Kris Freeman, LLP
A final agreement or court order may resolve property, debt, and support. Dividing a retirement plan may require a separate order. You may also need to update deeds, transfer accounts, review health and life insurance, update beneficiary designations, and revise estate documents with the appropriate legal or financial professional.
Gray divorce is a common term for divorce involving adults age 50 and older. That includes divorce after 60 and later in life.
You may also hear it called grey divorce, silver divorce, senior divorce, late-life divorce, or divorce after 50. It is not a separate legal category. The term describes a divorce that may involve retirement, healthcare, Social Security, a long marriage, adult children, and other later-life concerns.
The portion of a retirement account or pension treated as marital or community property may be divided under the law of your state. The account type matters. Some employer plans require a Qualified Domestic Relations Order, often called a QDRO, before the plan can pay benefits to a former spouse. Do not cash out, transfer, or divide retirement funds until you understand the legal and tax effects.
“When a pension is already paying benefits, earlier payment and survivor elections may limit how it can be divided. A share of the monthly pension also does not necessarily include payments after the participant’s death. Any settlement and QDRO should address survivor benefits separately, and proposed language should be reviewed by the plan administrator before the divorce is completed.”
— Kris Freeman, LLP
Possibly. Under current federal rules, divorced-spouse benefits generally require a marriage of at least 10 years, along with age, marital-status, eligibility, and benefit requirements. Your former spouse’s current benefit is generally not reduced if you qualify. Social Security is separate from the property division in your divorce, so confirm your personal eligibility directly with the Social Security Administration.
Not automatically. Alimony may be called spousal support or maintenance depending on the state. Courts may consider the length of the marriage, each spouse’s income and resources, age, health, ability to earn, standard of living, and other factors allowed by state law. Retirement can also change income and need, which makes the details of your situation important.
Gray divorce can affect your home, income, healthcare, and retirement. We listen first, explain how each option may affect your future, and discuss fees upfront.
You can also track progress, view documents, message your team, and manage billing anytime through our Client Dashboard. Eligible clients may qualify for a reduced deposit through SimpleStart™.
Property division, alimony, filing rules, and court procedures differ by state and location. Choose your state to find local attorneys and information based on the rules that apply where you live.
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You do not need a perfect plan or a complete stack of financial records before you call. Tell us what is changing and what you are worried about. A gray divorce attorney will listen, explain the issues that may deserve attention, and help you understand what the next step could look like.
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“Pleasure to work with this team. I recommend them to anyone wanting legal assistance. I can’t thank them enough for helping me thru a bump in my life.”
“My divorce was rather messy but I was so grateful to have had Karlee in my corner. She helped me at my lowest point making sure I was informed every step of the way. Most importantly I could communicate with her at any point in the process and she was there for me. Karlee I can never say thank you enough for helping me through on of the most difficult times in my life. Your a life saver for sure! If you are looking for a lawyer who will go the distance and then some she is your gal for sure!!”
“I appreciated their care with my case and considerations for my children. I don’t know how they compare to others, but they treated me well.”
“Karlee and Selena did a fantastic job helping me through a difficult divorce. They were professional, timely, knowledgeable, and compassionate towards my former spouse throughout the process. I am very thankful for their service and would recommend them to anyone!”
“Until I met Karlee, I had lost all hope. I went through three attorneys in a highly contentious custody case. My ex-husband’s attorney was not a family law attorney, making an incredibly sensitive and emotional situation more difficult to navigate. Karlee got the job done in an efficient manner while keeping costs on point. She listened to my frustrations and what I wanted to accomplish and she made it happen. If you need an attorney who is honest and has a thorough knowledge of not only family law, but other aspects and understanding, this is the firm to go with. They are not just empty promises. They make it happen!”
“I’m fortunate that I had a very amicable divorce so, when I had some questions concerning, laws, paperwork, etc., I turned to Modern Family Law and was connected with their attorney. She was patient, knowledgeable, thorough and supportive. Getting divorced is not fun and not understanding all the legal mumbo jumbo makes it just that much worse and she made sure to explain everything to me so I understood what was going on and she was always available when I had questions. Modern Family Law made a very difficult process so much easier and a little less painful. Thank you Modern Family Law!”
“My attorney is David Collins. Although I feel like everyone in this office cares about and works on my case. David has done nothing but incredible work. He supports me as a mother and fights for my rights nonstop. He cares about my opinion on all steps we take and always consults me before making moves. I’m very glad I hired him. Especially since all the work he does, to me, is worth way more than the super affordable prices I’m actually paying.”
“Louisa is a great attorney I would very much recommend her and the company! I’ve had a great experience so far and love working with her.”
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