Divorce after 50 Attorney in Dallas, Texas

What are the special challenges for people going through divorce after 50?

More In This Category

View Transcript

boy I mean that can really run the gamut
divorce after 50 I think there was an
article that came out in Time magazine
not too long ago that was talking about
you know the divorce numbers actually
shrinking with the exception of the what
they’re kind of calling silver divorces
you know and that’s or those of us that
are over 50 and I include myself in that
because I’m turning 50 here here so
Silver Divorces
there are a whole lot of different
things that can come about with that I
mean you you have in every divorce you
know you’ve got kid issues if they’re
kids and then you’ve got the division of
the marital estate so the issues that
you tend to see in older divorces is
that there are a whole lot more assets
so that can be much more complicated you
can also have situations where let’s say
that you’ve had someone that has been a
stay-at-home spouse so you know so let’s
say you know Monica has this fantastic
job with Google and she’s making money
you know faster than they can print it
and so her husband bill has been you
know a stay-at-home husband or has been
a stay-at-home husband and it has been
the one that has primarily been raising
the kids
well you know 20 years into it and
they’ve got kids that are you know 12 13
and 8 20 years into it Monica has just
gotten tired of you and it said bill
damn it all you do is sit around and eat
Liquid Assets
bonbons all day long you know you’re
getting kind of chunky and I need to
find somebody else I’m just I’m done
with this well so what do you do well
you need to make sure that you are taken
care of so you might y’all might have a
whole mess of assets that are subject to
division by the court but are they
liquid and if they’re not liquid
are they retirement benefits that you’re
going to be penalized if you actually
have to get money out of so you know
what situation are we talking about well
are you having to pull stuff out of an
IRA are you having to pull stuff out of
a 401k are you looking at the exercise
of stock grants or stock options that
are going to incur you know incur taxes
there are a whole lot of different
situations there and that’s where you
want to start looking at the issue of
spousal maintenance or you want to look
at the
shew of alimony and we talked a little
bit about that earlier and remember
their advantages on either side one of
the huge advantages of alimony is you
can you know you can set that up to go
for a lot longer than typically spousal
maintenance would also if you’re the one
paying for alimony it’s a tax benefit to
you so you know if you’re looking for an
adjustment to your adjusted gross income
in having to pay you know pay for your
soon-to-be ex spouse that’s enticing for
the person who’s receiving it you can
also sometimes get the other person to
pay a higher amount than they would in
spousal maintenance which hey you’re
willing to pay taxes on a higher amount
that makes sense okay so there’s just a
whole lot of different things that come
into play typically what that’s going to
be though is going to be related to all
the different kind of assets that are
going to have been accumulated over a
you know a much longer life period
typically you know you got people that
are 58 and getting divorced you know
they’re gonna have more to get more to
divide than people that are 28 so those
are the types of things that you
typically see

Dallas high-net-worth divorce attorney, Mark Scroggins, talks about challenges people over 50 might face when going through a divorce. He explains that divorce after 50 can cover a wide range of scenarios. While overall divorce rates may be shrinking, there’s been a notable increase in “silver divorces”—those involving people over 50, a category he now finds himself approaching.

In these cases, the issues can be more complex than younger divorces. There are often more substantial assets, which may be illiquid or tied up in retirement accounts, stock options, or other investments that could trigger taxes or penalties if accessed prematurely. Additionally, there may be situations where one spouse has been a stay-at-home partner, while the other has accumulated significant wealth, creating further complications in asset division.

Spousal maintenance or alimony becomes a critical consideration. Alimony can sometimes be structured to last longer than standard spousal maintenance and may provide tax advantages to the payer. It can also allow for a higher payment amount than typical spousal maintenance, making it a strategic tool in financial planning during the divorce.

Overall, the complexity of these divorces often stems from the length of the marriage, the accumulation of assets over decades, and the need to carefully navigate both liquidity and tax consequences to ensure a fair outcome for both parties.

More Videos From This Lawyer