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Oak Brook divorce attorney division of assets

You may be surprised to learn that the divorce rate for adults over 50 has more than doubled in the last several decades. Called “gray divorce,” divorce involving older adults often presents unique challenges. One of these challenges involves the division of retirement funds. If you have been out of the workforce for many years, you may be worried about making ends meet without your spouse’s retirement benefits. If you were the main income earner during the marriage, you may have concerns about how much of your hard-earned retirement funds will be awarded to your spouse. Read on to learn about how retirement accounts are divided in an Illinois divorce and how you can obtain the legal support that you need.

Marital Assets Versus Non-Marital Assets

Only marital assets are divided in an Illinois divorce. Non-marital assets, including assets acquired by the spouses before getting married, are not divided. Before a retirement account can be divided, a determination must be made about the account’s identity. Retirement accounts are different from other types of assets because they can be classified as both marital and non-marital. Typically, the portion of the retirement account that a spouse earned before getting married is considered non-marital. The non-marital portion of the account is assigned to the original owner. However, the portion of the retirement account that was earned while the spouses were married is part of the marital estate and therefore subject to division.

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Hinsdale spousal support attorney for divorce over 50

You may be surprised to learn that although the overall divorce rate is declining in the United States, divorce among spouses over age 50 has dramatically increased. Research shows that the rate at which older adults get divorced in this country has doubled since the 1990s. This may be due to increasing life spans, a reduction in the stigma associated with divorce, or simply because older adults want to enjoy their retirement years on their own terms. Whatever the reason, if you are over age 50 and considering a so-called “gray divorce,” you should know that it may involve unique challenges and obstacles. It is very possible that either you or your spouse will be entitled to spousal support payments. For help with maintenance-related concerns and much more, speak with an experienced family law attorney.

Spousal Maintenance in Illinois

Spousal maintenance, also known as spousal support or alimony, refers to financial payments that a higher-earning spouse makes to the lesser-earning spouse after divorce. While it is not appropriate in every situation, it may be necessary in a gray divorce, especially if one spouse has been out of the workforce for many years and would struggle to support themselves without assistance from their former partner. 

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Burr Ridge gray divorce attorney

Although the overall divorce rate in the United States has been declining, there is one demographic that is experiencing a major increase with regard to the number of couples getting divorced. Interestingly, the divorce rate for adults over age 50 has doubled in the last few decades. Getting divorced after age 50, referred to as “gray divorce,” can be much more complicated than divorcing at a younger age. If you are considering ending your marriage, and you are nearing retirement age, there are certain considerations you should keep in mind.

Property Division During a “Gray Divorce” Can Be Complex

Older couples typically own higher-value and more complex assets than younger couples do. Assets like businesses, retirement accounts, life insurance policies, investments, and social security benefits can be difficult to value and divide. Retirement accounts are usually considered a marital asset, which is subject to division under Illinois equitable distribution laws during a divorce. However, funds accumulated in an IRA, 401(k), or pension before a couple got married may be considered non-marital and therefore not subject to division. Depending on the circumstances, you may need to get a court order called a Qualified Domestic Relations Order (QDRO), which dictates how retirement account funds are divided between divorcing spouses.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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