Divorce After a Long Marriage

 Posted on February 12, 2024 in Divorce

Getting divorced after many years of marriage can be more complicated than getting divorced after being married for only a short time. There are many reasons why people choose to end their long-term marriages. If you were only staying together in order to raise your children in a two-parent household, you may decide to part ways once your children are grown. Other spouses find that as the years go by, they grow into two very different people and develop irreconcilable differences. You may find that you are no longer on the same page regarding religion, politics, or what you want out of life. One of you may have become more adventurous, wanting to spend your retired years traveling the world, while the other is ready to join a retirement community and spend their days relaxing by the pool. Whatever your reasons for getting divorced after a long marriage, a DuPage County, IL, divorce attorney can help you sort through the unique issues that arise in this type of divorce.

Special Legal Issues When Ending a Long-Term Marriage

A number of unique legal issues may affect your divorce if you have been married for a long time. These issues may include:

• Intermingling of separate assets - Unless you took care to keep your personal assets separate from your spouse’s, there is a good chance you have very few separate assets. You may have disposed of most of the property you had before you got married, used your inheritance to make improvements to the marital home, or otherwise donated your personal assets to the marriage. An attorney may need to carefully assess the situation to determine which, if any, separate assets you are entitled to keep. 
• Spousal maintenance - If you or your spouse was a homemaker during the marriage and did not earn wages, one of you is likely financially dependent on the other. It may be extremely difficult to return to the workforce after many years as a homemaker, or your age may make returning to work unlikely. You may need to go to school or job training first. In these cases, asking for alimony may be appropriate. 
• Dividing retirement accounts - If one or both of you are nearing retirement age, dividing your retirement accounts may be the most impactful issue in your divorce. You may be entirely reliant on these savings to meet your basic needs. Regardless of whose income was used to build up a retirement account, you are probably both equally entitled to those funds. 

Divorce after a long marriage may give you the freedom you need to enjoy the rest of your life the way you want to, even if it is initially challenging.

Contact a Wheaton, IL, Divorce Attorney

Andrew Cores Family Law Group is experienced in helping long-married spouses get divorced. Our experienced DuPage County, IL, divorce lawyers can guide you through the special issues that will likely arise. Contact us at 630-871-1002 for a complimentary consultation.