Elder Divorce

Older married couples get divorced just like people of other ages, but they are likely to have special issues that must be resolved. Among these are:

  • Social Security and retirement benefits
  • Savings and investment accounts
  • Government benefits eligibility
  • Health care costs and benefits
  • Conservation of assets
  • Physical or mental impairment
  • Potential spousal support awards

Because older couples have often been together a long time, their portfolio of assets can be quite complex, including real estate, business properties, investments and collectibles, all of which must be located, identified, characterized as separate or community and valued..

Some of the most cited factors leading to “gray divorce” include physical and emotional abuse, unfaithfulness, emotional distance and strong disagreements on various issues including estate planning.

Long Marriage Divorce · Patience In Preparation

At Atkinson & Kelsey, P.A., we work closely with clients to create and identify complete lists of debts and assets. We work patiently with clients and their financial advisors.

Divorce is a new beginning, but it leads to further considerations such as changes to one’s estate plan, including wills and trusts, and long-term care issues. Often in elder law collaborative divorce may be a better approach than litigation. At Atkinson & Kelsey, we make our services available to seniors struggling with family issues. We invite you to call us and tell us your story.

We also help people contemplating marriage later in life to make prenuptial agreements to get a clear understanding of the parties rights and responsibilities in the new relationship.


Considering divorce after age 65? Call the elder law attorneys at Atkinson & Kelsey at 505-883-3070, or write us using this online form.