Gray divorces in California are at an all-time high. Here is what to know about handling gray divorce in California.
To handle a gray divorce in California, take note of financial assets before determining which method of mediation or litigation works best. The mediation of a gray divorce may be complex due to issues such as social security benefits and pension.
Related: Divorce FAQs in California
What is a Gray Divorce?
A gray divorce is a divorce where spouses are older than 50. The rate of gray divorces has doubled over the past 20 years.
Causes for a Gray Divorce
1. Divorce Repetition
For remarried couples over the age of 50, the divorce rate is 2.5 higher than couples who only married once, leading to an increase in gray divorces.
2. Late Divorce
Spouses may choose to postpone divorce until their children are adults. A sudden lack of childcare responsibilities may reduce a parent’s marital happiness.
3. Retirement
Retirement can lead to lifestyle changes negatively impacting a marriage. For example, a dramatic increase in free time may lead to unhappiness in a marriage.
4. Finances
Couples may choose to postpone a costly divorce until finances are more stable.
How to Initiate a Gray Divorce
Start by finding an expert divorce attorney, financial advisor, and estate planning attorney. Consider which method of mediation or litigation is best suited for the divorce.
Mediated Divorce
A hired mediator can save time, money, and stress by deciding the issues of a divorce outside of court.
Uncontested Divorce
In an uncontested divorce, spouses determine divorce terms themselves (without a third party).
Related: How to Get an Uncontested Divorce in California
Contested Divorce
A contested divorce, in which a judge orders terms of separation, occurs when a “responding” spouse refutes the “petitioner’s” divorce terms.
Related: Contested and Uncontested Divorce: The Difference
Divorce Arbitration
An arbitrary divorce is an informal process in which couples speak to an arbitrator (rather than a mediator or judge) who will decide the terms of the divorce.
Issues to Consider in a Gray Divorce in California
Determining Alimony
Benefits such as bonuses and ownership stakes can make alimony more complex in a gray divorce.
Premarital Assets
California community property laws grant each spouse half of all assets marital property.
Inheritances
In a California divorce, inheritances are not necessarily split between spouses. Asset separation may be more complex when spouses receive income from investing inheritance.
Social Security
In gray divorces, one spouse’s ability to receive Social Security from their partner’s earnings can affect alimony amounts.
Life Insurance
Spouses paying alimony are required by California law to carry life insurance equal to the amount and duration of spousal support.
Retirement and Pension
Spouses may share pension benefits in a divorce. However, government pensions can be difficult to value and split.
FAQs About Handling a Gray Divorce in California
What makes a gray divorce different from other divorces?
A gray divorce occurs later in life and may lead to more complex asset separation including social security and healthcare plans.
Is spousal support for life required in a California gray divorce?
California, unlike some states, does not guarantee spousal support for life in marriages spanning more than 10 years. A court may revisit alimony terms following divorce.
Can fault affect a gray divorce in California?
California does not consider fault in divorce. Assets will likely be split in half despite one spouse being “responsible” for the marriage breaking down.
How long does a gray divorce take in California?
Couples must wait at least six months between filing and finalizing a divorce in California, but complex gray divorces may take much longer.
How do I move on from a gray divorce?
Moving on from a gray divorce can be hard but focusing on sleep, friends, and picking up a new hobby can benefit mental health.