Three Important Considerations in a Gray Divorce

 Posted on December 30, 2024 in Divorce

Over the course of a long marriage, you may find that you and your spouse have fallen out of love. In cases of gray divorce, you might feel pressure from your family or community to stay together, but when you reach a point of irreconcilable differences, separation may be for the best. Of course, this process can also come with many unknowns, especially if you and your spouse have been together for decades. 

A skilled Novi, MI divorce lawyer can help you navigate the unique challenges of a gray divorce to help you smoothly transition into single life. At Elkouri Heath, PLC, our attorneys are here to support you with compassionate, individualized representation.

Spousal Support

In Michigan, court-ordered spousal support – or alimony – is not as common now compared to the past. However, a judge may be more likely to consider alimony for couples over 50. This often has to do with a spouse’s age limiting his or her future employability, as well as the various health conditions that arise more frequently with age. Moreover, in a gray divorce with adult children, one spouse may have taken on the role of homemaker for many years instead of working, and a judge may lean towards an order of alimony to help preserve that spouse’s standard of living after a divorce. In some cases, spousal support may be awarded indefinitely. 

Whether you expect to pay or receive spousal support in a gray divorce, Elkouri Heath, PLC can make sure that your interests are fairly represented before a judge.

Complex Property Division

Over a long marriage, you and your spouse may have acquired numerous assets in the form of real estate, shared business, retirement accounts, and other investments made with marital funds. Unless you have an existing pre- or postnuptial agreement in place, you should expect all of these assets to be divided in court. These assets will be divided according to the agreement you and your spouse create together or, if you cannot negotiate an agreement, they will be split according to what the court considers fair, rather than 50/50. At Elkouri Heath, PLC, our attorneys can negotiate for your interests in the marital estate, whether you decide to go through mediation, collaborative law, or a litigated divorce with your spouse.

Income Taxes

A gray divorce can come with more complications when filing your taxes. Depending on how your property is split up in the divorce, you might have more tax obligations than you initially expected. In addition, you will have to decide whether you want to file your taxes jointly or separately. Filing jointly may be more complex, but may come with additional benefits such as lower tax rates and a lower tax on inheritance. Regardless of which route you decide to take, our family law attorneys at Elkouri Heath, PLC can work with you and guide you towards financial experts to help minimize any tax liabilities on your end.

Speak With a Northville, MI Divorce Lawyer Today

The challenges of gray divorce should not dissuade you from doing what is best for your long-term happiness and welfare. The Oakland County, MI family law attorneys at Elkouri Heath, PLC are here to support you through the emotional and financial challenges at the end of a long marriage. To schedule a free consultation, call our offices at 248-344-9700 today.