Gray Divorce

Gray Divorce Lawyer in Indianapolis

Divorce is never simple, but ending a marriage later in life introduces a unique set of challenges. For couples over 50, decades of shared histories, intertwined finances, and established retirement plans can make separating a complex and emotionally taxing process. This is often called a gray divorce. While the path forward may seem uncertain, it’s important to remember that this transition can also be the start of a positive new chapter. At Villarrubia & Rosenberger, P.C., our experienced family law attorneys are here to provide the compassionate guidance you need to secure a brighter future.

What Is a Gray Divorce?

A gray divorce refers to the growing trend of couples divorcing in their 50s and beyond. Unlike younger couples, those facing a gray divorce are often on the brink of retirement, or already retired, and have spent decades building a life together. While issues like child custody may be less common, financial matters become the central focus. After a long-term marriage, untangling assets and planning for two separate financial futures requires careful consideration and strategic legal counsel.

What Financial Issues Arise in a Gray Divorce?

Financial security is a primary concern in any gray divorce. After years of marriage, assets are often deeply intertwined, making a fair division more complicated. An experienced Indiana family law attorney can help you navigate these complexities to protect your financial stability.

How Will We Divide Our Marital Assets?

In Indiana, the law presumes an equal division of the marital estate is fair. However, identifying what constitutes the “marital estate” can be challenging after a long marriage. Key assets that must be addressed include:

• The family home and other real estate
• Vehicles and other valuable personal property
• Bank accounts, stocks, and other investments
• Retirement accounts, including 401(k)s and pensions
• Life insurance policies and their beneficiary rights

Proving which assets were acquired before the marriage versus during it can be difficult, but it is essential for ensuring an equitable distribution.

Will I Receive or Have to Pay Spousal Support?

Spousal maintenance, or spousal support, is another critical consideration. For someone approaching retirement, an order to pay alimony can significantly impact their financial planning. For a spouse who was not employed for much of the marriage, receiving maintenance may be necessary to maintain their standard of living. Courts will evaluate factors like each spouse’s earning capacity, health, and the length of the marriage when making a determination.

How Does Divorce Affect Our Estate Plan?

Most established couples have an estate plan, such as a will or trust. A divorce requires a complete revision of these documents. You will need to:

• Update beneficiaries on wills, trusts, and life insurance policies.
• Change powers of attorney and healthcare directives.
• Divide assets held within family trusts, which can be a legally complex process.

Failing to update your estate plan post-divorce can lead to unintended and serious consequences for your heirs.

Build a Brighter Future With Our Family Law Attorneys

Navigating a gray divorce requires making complex legal and financial decisions that will define your future. Handling these matters alone can result in costly errors and leave you with an uncertain outlook. With over 25 years of experience, the attorneys at Villarrubia & Rosenberger, P.C. understand the specific challenges of late-life divorce in Indiana. We treat our clients like family, offering a welcoming atmosphere where you can feel heard and supported. Let us help you move forward with confidence. Contact our office today to schedule a consultation.