Atlanta Gray Divorce Lawyer
Have you decided to end a long-term marriage in Atlanta, Georgia? Our Atlanta gray divorce lawyers at Crystal Wright Law, LLC can guide you through this challenging transition and help safeguard your financial and emotional well-being. Contact our team today at 404-594-2143 to schedule a complimentary consultation.
Gray divorces present unique challenges, including dividing retirement assets and planning for a secure future. With nearly a decade of experience, our compassionate legal team understands what’s at stake and is ready to help you navigate every step with confidence.
Why Choose Crystal Wright Law To Help Me With My Gray Divorce Case in Atlanta, GA?
When facing the challenges of a gray divorce in Atlanta, GA, having the right legal team can make all the difference. At Crystal Wright Law, LLC, we focus on helping clients navigate this major life change with confidence and peace of mind.
Our firm has earned a strong reputation for excellence and personalized legal service. Here’s why clients choose our Atlanta divorce lawyers:
- We bring nearly a decade of focused experience in family law, guiding clients through even the most complex divorce matters.
- We have been recognized by Super Lawyers as “Rising Stars,” a distinction given to attorneys who demonstrate outstanding skill and dedication.
- Expertise.com has listed our firm among the “Best Divorce Lawyers,” reflecting our commitment to high-quality legal representation and client care.
- We understand the unique concerns that arise when ending a long-term marriage, including retirement planning, asset division, and achieving financial independence.
If you’re preparing for or considering a gray divorce, you don’t have to go through it alone. Call today to schedule your free consultation with an Atlanta divorce lawyer.
What Is a Gray Divorce?
A gray divorce is typically a divorce involving spouses who are over 50 years old. While the divorce process remains the same, gray divorce often involves a longer-term marriage or a second marriage.
As a result, gray divorces often involve unique and complex financial and emotional issues. Gray divorce has become much more common in recent years.
That’s potentially true for a number of reasons, including:
- Priorities may have changed later in life.
- Life expectancy rates have increased, and married couples may be less willing to remain in “empty shell” marriages.
- Social stigma surrounding divorce has become less drastic in recent decades.
- Many adults over 50 are in their second or third marriages, and divorce rates for remarriages are statistically higher.
- Adults over 50 may have delayed divorce to minimize the impact on children who are now adults.
Whatever the reason for your divorce, it’s important to have experienced legal representation. We are prepared to handle all aspects of your divorce.
Can I Obtain a No-Fault Divorce After Age 50 in Georgia?
Yes. Again, the divorce process itself does not change due to your age. Many couples in Georgia simply state that the marriage is “irretrievably broken” as the grounds for divorce. This is essentially the same as a no-fault divorce.
It’s also possible to file for a fault-based divorce based on any number of issues, including:
- Adultery
- Abandonment by your spouse for at least one year
- Fraud or duress in obtaining the marriage
- Alcoholism or habitual drug addiction
- Cruelty or abuse
- Incest
- Mental incapacity or impotence at the time of the marriage
- Your wife was pregnant with another man’s child at the time of marriage
- Your spouse was convicted of a crime involving moral turpitude and sentenced to at least two years in prison
- Your spouse suffers from an incurable mental illness
Pursuing a fault-based divorce can have serious consequences. Family law judges in Georgia are permitted to consider the grounds for divorce when deciding alimony requests or resolving disputes over property division.
What Unique Issues Should I Be Concerned With in a Gray Divorce in Atlanta?
While every divorce is complex, ending a long-term marriage later in life often brings added challenges—financial, emotional, and even medical. Some key issues that must often be addressed in a gray divorce include:
Division of Marital Property
Dividing marital assets can be more complex in a gray divorce. Later in life, many couples have accumulated significant assets. Real estate, investment portfolios, and retirement assets can be more difficult to divide.
Any assets acquired during the marriage are considered marital property and must be divided. Georgia follows an equitable distribution standard. That means property division should be fair, but not necessarily a 50-50 split.
Courts consider many different issues, including:
- Each spouse’s financial status and earning capacity
- The duration of the marriage
- Evidence that either spouse wasted assets
- Any separate property retained by either spouse
- Prenuptial and postnuptial agreements addressing the division of property
- Each spouse’s anticipated future needs
- Each spouse’s behavior during the divorce process
It’s possible that you and your spouse can reach an agreement when dividing marital property. Our Atlanta gray divorce attorneys are skilled in negotiation. We can help facilitate mediation with your spouse.
Once we identify your priorities, we’ll be well-prepared to help you work toward the best possible result.
Spousal Support
Spousal support, or alimony, is not automatic in Georgia. However, it’s much more common for courts to order one spouse to pay alimony in gray divorces.
Factors that family court judges consider when evaluating alimony requests include:
- The standard of living you enjoyed during their marriage
- How long you were married
- Each spouse’s age, health, and mental condition
- How the division of marital property impacted each spouse’s resources
- Whether it’s feasible for the requesting spouse to become financially self-supporting, and how long job training would take
- Each spouse’s contributions to the marriage
- Whether one spouse was primarily responsible for childcare and household services, permitting the other spouse to establish a career
You and your spouse may have relied upon each other for many years–even for decades. Alimony is likely going to be an issue. Our lawyers are prepared to help you navigate the process and reach a fair result.
Retirement and Social Security Benefits
Dividing retirement accounts in a gray divorce is often extremely important. You and your spouse may have amassed significant retirement savings during your marriage.
Retirement assets may include:
- IRAs and 401(k)s
- Pensions
- Deferred compensation benefits
- Military or government retirement benefits
Dividing retirement savings is one of the most critical aspects of a gray divorce. These assets may include IRAs, 401(k)s, pensions, and other retirement plans. In many cases, a Qualified Domestic Relations Order (QDRO) or similar order is required to divide these accounts properly and avoid tax or legal complications.
Additionally, if your marriage lasted at least ten years, you may be eligible to claim Social Security benefits based on your former spouse’s work record if those benefits exceed your own.
Estate Planning and Tax Issues
By age 50, it’s very likely that you already have an estate plan in place. Many estate planning documents will have to be updated to reflect your divorce.
Specifically, issues that must be addressed during the divorce include:
- Updated beneficiary designations for retirement accounts, annuities, and life insurance
- Revised plans for inheritances for children and grandchildren
- Changes to advance health care directives
- Revisions to powers of attorney
Because many gray divorces involve blended families, many divorcing spouses will wish to address plans for children from a prior relationship and stepchildren.
Long-Term Health Care Planning
As we age, unexpected health issues can be even more concerning. Quality health insurance coverage can be extremely important for older adults.
After a divorce, it’s possible that one spouse could lose access to health coverage sponsored by a former spouse’s employer. If you don’t qualify for Medicare, obtaining private insurance or COBRA coverage can be critical.
Your divorce agreement may also have to address the need for ongoing support if one spouse has significant medical conditions or limited resources.
Contact an Experienced Atlanta Gray Divorce Lawyer for a Confidential Consultation Today
If you’re over age 50 and considering a divorce in Atlanta, Georgia, you deserve the most experienced legal representation possible. The outcome can impact every aspect of your future.
Contact Crystal Wright Law, LLC to learn how an experienced Atlanta gray divorce lawyer can protect your interests during this complicated time.
