All divorces are emotionally and legally complex but for mature spouses—especially those ending long-term marriages—it’s especially challenging, both legally and emotionally. Divorce over age 50 is sometimes known as “gray divorce.” A gray divorce in Arizona may lack the necessity for an emotionally fraught child custody battle, but it often involves the equal distribution of decades of marital assets, sometimes leading to lengthy settlement negotiations or a court battle. A knowledgeable Chandler divorce attorney can provide the expertise and support needed to navigate the complexities of a gray divorce and protect your interests.
While the older generation once tended to remain wed even in unhappy marriages, with the reduced stigma of divorce combined with an expanding senior population, gray divorces in Arizona and elsewhere have become surprisingly numerous. According to an AARP study, members of the “boomer” generation are now divorcing more than any other age group. The divorce rate for seniors over the age of 65 tripled between 1990 and 2021. Gray divorces in Arizona and elsewhere not only occur between spouses of long-term marriages but also between spouses seeking a divorce from a second marriage.
Arizona’s divorce law requires spouses to divide their marital assets equally or close to equally in a way that’s fair to both parties. In gray divorces, it’s common to have complex marital assets and substantial retirement accounts. For divorcing spouses with long-term marriages, one spouse may have a significant claim on the other spouse’s assets, even when the asset began as a separate property or account. For instance, suppose one spouse owned a property before the marriage or inherited one during the marriage. It may seem to belong solely to them, but after years of marriage, it becomes commingled with their spouse. If the other spouse invested time, talent, or money into the property or cared for the home and children so the other spouse could improve the property, they have the right to half of the property’s increased value. The division of marital assets and debts during a gray divorce in Arizona considers the following:
Unless spouses in an Arizona gray divorce have an enforceable prenuptial or postnuptial agreement, it often takes time and meticulous attention to detail to achieve a fair division of their marital assets.
Unlike child support, spousal support in Arizona is not an automatic obligation, even in gray divorces; however, awarding spousal support may be more common in gray divorces after long-term marriages. This is particularly true when one spouse earns significantly more than the other, one spouse has aged out of the workforce or has a disability that prevents them from working, left the workforce to raise children and care for the home, or supported the other spouse through their career advancement.
In typical divorces in Arizona, spousal support orders are rarely permanent, but instead prevent a lower-earning or non-earning spouse from suffering financial hardship or enduring a dramatic decrease in their accustomed lifestyle until they become self-sufficient. In gray divorces; however, spousal support orders may be permanent if one spouse’s age or medical condition prevents them from achieving self-sufficiency. A knowledgeable spousal support attorney in Chandler can help ensure that your financial interests are protected and that you receive the support you deserve under Arizona law.
If spouses sign a divorce settlement agreement with the help of their attorneys and mediation, they can file for an uncontested divorce and save the expense and contention of a trial. If they are unable to resolve disputes, they must argue their sides before a judge in a divorce trial for the judge to decide. Call the gray divorce lawyers at Wilson Goodman Law Group, PLLC for experienced representation. We always strive for a low-conflict resolution without compromising on our client’s best interests, including in a gray divorce. A skilled Chandler family law lawyer can guide you through this process, ensuring your rights are protected every step of the way.
