This article is intended for educational purposes only and is not legal advice. For guidance on your personal situation, please contact a lawyer.
If you're over 50 and legally calling it quits on a long-term marriage, you're having what many folks call a "gray divorce." Despite how old or young you may feel, the courts tend to view a divorce between an older couple differently than they might a younger couple.
Divorce topics that often become contentious, no matter the age, include alimony -- whether one party should pay the other once the marriage has been dissolved -- who gets the house, and how retirement investments should be divided. Here's where age and length of marriage can come into play.
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Spousal support
While alimony, or "spousal support," is less common than it once was, it's more likely to be approved if you've been married for more than 10 years and one of you out-earns the other by a considerable amount.
In other words, the longer a marriage lasted, the more likely a judge is to award alimony. Courts assess the financial situation of each party, and if one spouse earns significantly more than the other, the higher-earning spouse may be required to provide the lower-earning spouse with money -- at least for a fixed period.
Courts consider the lifestyle established during marriage and aim to ensure that the lower-earning spouse maintains a similar standard of living after the divorce. Otherwise, after a long marriage, the party who earned more would likely lead a very different life than the lower-earning partner.
Also in play is whether the lower-earning spouse contributed to the higher-earning spouse's success. Did they stay home and raise the kids, handle the household budget, run to doctors' appointments, plan social outings, take care of the home, and otherwise make it possible for the higher-earning spouse to focus on their career? If so, that's factored into the alimony equation.
Understanding the judge's role
Judges have flexibility in determining divorce-related issues, including spousal support. Whether you're hoping for or against a judge granting alimony, your strongest case can only be built on honesty. If a judge has reason to believe you're hiding assets or lying about anything divorce-related, you lose credibility. According to the GHMA Law group, the most common consequence of lying is that the judge will issue a decision less favorable for the lying party.
Let's say you're the lower-earning spouse and have spent years depositing small sums of money into a money market account that your spouse was unaware of. That's absolutely fine. However, it's vital that you report those funds to the court when asked. Once you hide money or assets, the court's opinion of you is bound to change.
The same is true of the higher-earning spouse. Attempting to hide assets is the surest way to lose favor with the judge and increases the odds that you'll pay more in alimony than expected.
Your best bet is to be honest.
Whether you don't believe you should have to pay anything or you're afraid you won't be granted the amount of spousal support you deserve, work with an attorney who can help you navigate the unfamiliar waters of divorce so you can move on without regret.
