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Older Americans face unique divorce challenges and opportunities

On Behalf of | May 21, 2014 | Divorce |

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As couples age together, they share new experiences and difficulties. From raising a family to losing loved ones to gaining and losing employment, married couples throughout Illinois are confronted with an array of challenges and happy moments. And as a couple’s shared experiences accumulate, their individual and collective perspective also tends to shift. Perhaps that is why divorce between older couples often plays out differently than others.

While many divorce cases involve major disputes over things like child custody and support, and ultimately result in litigation, couples that divorce later in life often benefit from fairly amicable separation. In such cases, collaborative divorce can be ideal since a suitable agreement may be achieved between parties outside of the courtroom. And given that more divorces than ever are being sought by individuals under the age of 50, collaborative divorce is an especially effective option to consider.

Divorce attorneys and family law experts are noting the considerable increase in divorces among older Americans, and specifically those that occur as a result of a family’s children growing up and moving out. Because these divorces typically stem from couples growing apart and having a lack of shared interests, common issues like child support and infidelity do not play a role. That is not to say, however, that other factors such as spousal support are not considered.

In instances where one party did not work for the majority of their marriage, alimony will likely discussed. Though, that does not necessarily mean that financial support is indefinite. Older couples seeking divorce should also think about how the transition will affect their personal finances and employment prospects.

Source:, “Empty nest divorce: the kids are gone and so is the magic,” Myra Fleischer, May 10, 2014



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