Divorce Past Age 50, More Likely Now Than Ever

Researchers from Bowling Green State University found that while the overall divorce rate between 1990 and 2008 remained stable, the divorce rate among persons ages 50 and older more than doubled during that period of time. That research further indicated that 25% of all divorces today involve someone age 50 or older.

Getting divorced when you are older may well raise different or additional issues that are not as relevant for younger people. Issues involving child support and custody may not exist or may be less significant, but new economic challenges take their place, such as who is paying the remaining mortgage on the home, or will the home need to be sold.

There are questions pertaining to whether retirement must be delayed or is even still economically feasible. There are emotional challenges, dealing with the sudden change from being married and a couple, sometimes for decades, to now being single and alone. For a woman who has had the primary duty of raising children and taking care of the house, finding employment that allows you to maintain your standard of living, however modest, can be a daunting prospect.

If you are in your fifties and faced with the prospect of divorce, you should consider getting professional help from accountants, financial planners and an attorney experienced in handling these types of divorces, all of whom can help you sort though the myriad of details that go into a this type of divorce case.

Will You Receive Spousal Support?

In Ohio, the granting of spousal support or alimony is controlled by a statute section that lists 14 factors that are used to determine if spousal support is appropriate and reasonable. The court uses these factors to determine the nature, amount, terms of payment, and duration of the support.

Some of the factors include:

  • Income and disparity in income
  • Relative earning abilities
  • Duration of the marriage
  • Age and health condition
  • Standard of living
  • Education

And there is a final catch all provision that allows the judge to consider any other factor that is “relevant and equitable.”

An Experienced Attorney is Helpful

A non-working spouse that has been in a long-term marriage and has been out of the workforce for many years may have a strong case for support. However, despite the fact that the law sets forth the factors to be considered, presenting evidence either in favor of or in opposition to a request for spousal support requires a skilled attorney.

Our divorce attorneys have significant experience in handling such matters and are available to consult with you regarding the specific facts of your situation.