Unique Considerations for Divorce After a Long-Term Marriage

The decision to pursue a divorce after decades of marriage, often called a “gray divorce,” can feel overwhelming and is often deeply personal. After 20, 30, or even 40 years of shared life, emotional and financial ties run deep, often making separation more complex than shorter marriages. For those in or considering this situation, understanding its unique challenges and finding the right guidance can make all the difference in building a secure future.

At Robbins & Licavoli, PLLC, we believe that understanding the specific factors at play in a Michigan gray divorce can be the first step toward protecting your assets and creating a stable future. This process involves more than just ending a lifelong relationship; it requires a strategic approach to dividing a lifetime of shared responsibilities and wealth.

How is Property Division Different in a Gray Divorce?

In Michigan divorces, marital property is divided according to the principle of equitable distribution. This means the court aims for a fair division, which does not always result in a 50/50 split. For long-term marriages in particular, the line between marital and separate property often blurs. Assets that one spouse brought into the marriage may have become so commingled with marital funds that they are now also subject to division.

Courts consider several factors when determining a fair division of property, such as the length of the marriage, each spouse’s contributions to the marital estate, and their ages, health, and earning capacities. In a gray divorce, the court often presumes a more equal partnership over the long term, making a thorough valuation of all assets and the involvement of a qualified divorce attorney critical.

What Happens to Retirement Accounts in a Long-Term Marriage Divorce?

Retirement accounts are frequently some of the most substantial assets in a gray divorce. Pensions, 401(k)s, IRAs, and other retirement funds acquired during the marriage are considered marital property and are subject to division. Splitting these accounts correctly, typically through specific use of a Qualified Domestic Relations Order (QDRO), is essential for ensuring both spouses have financial security in their post-divorce years.

Will I Receive Spousal Support After a Long Marriage?

Spousal support, or alimony, is a central issue in many gray divorces. This financial support is meant to ensure that both spouses can maintain a standard of living reasonably comparable to the one they enjoyed during the marriage. After a long-term marriage, it is common for one spouse to have a significantly lower earning capacity, especially if they stepped back from a career to raise children or run the household.

In cases involving long-term marriages, courts are more likely to award spousal support for a longer duration, sometimes even permanently. This financial support can be crucial for a spouse who is nearing retirement age and has limited opportunities to re-enter the workforce and build savings.

What Are the Emotional Considerations of a Late-Life Divorce?

Ending a marriage after decades together carries a heavy emotional weight. You are not only going through a complicated legal process but a profound personal transition. The divorce may change your social circles, your relationship with your adult children, and your own sense of identity. It can be vital during this season to build a strong support system of friends, family, and perhaps a therapist or counselor to help you manage the emotional journey.

Retaining a compassionate, experienced legal team can help alleviate much of the stress. By handling the legal complexities and advocating for your best interests, an attorney can help you focus on your emotional well-being and prepare for this new beginning with confidence.

Take Action Intentionally When Considering Gray Divorce

Weighing a gray divorce in Michigan requires a full understanding of the significance of this choice. The decisions made during this time will directly impact your retirement and long-term security. Proper legal representation can be essential to protect your rights and start building a stable foundation for the next chapter of your life.

If you are considering divorce after a decades-long marriage and need legal assistance, contact Robbins & Licavoli for a consultation. Let us help you explore your options and plan accordingly for your future.