
Divorce is challenging at any age, but for couples who separate later in life—sometimes called “gray divorce”—the legal and financial implications are unique. Many couples stay together until their children are grown or even until retirement, only to realize they are ready to move in different directions. For individuals in Roswell and the greater Atlanta area, late-life divorce requires careful consideration of property division, retirement assets, and spousal support.
At Rowsey & Stelter, Attorneys at Law, we understand the sensitive and complex nature of these cases. With more than 25 years of experience, attorney Thomas C. Rowsey and his team provide the guidance needed to navigate this significant life transition.
Why Late-Life Divorce Is on the Rise
The rate of divorce among people over 50 has doubled since the 1990s, according to the Pew Research Center. Factors contributing to this trend include longer life expectancies, financial independence, and couples waiting until children leave home before pursuing separation.
While the decision may feel like the start of a new chapter, late-life divorce often comes with legal and financial challenges that differ from divorces earlier in life.
Dividing Assets in Late-Life Divorce
By the time couples reach their 50s, 60s, or beyond, they typically have accumulated significant assets. Property division may include:
- Marital homes and vacation properties
- Retirement accounts, pensions, and 401(k)s
- Investments, businesses, and real estate holdings
Debts and liabilities
Georgia follows equitable distribution laws, meaning property is divided fairly but not always equally. Determining what is marital versus separate property is crucial, particularly for long marriages where finances may be intertwined.
Retirement Accounts and Pensions
Retirement accounts are often one of the most complicated issues in a late-life divorce. Splitting a pension or 401(k) requires specific legal tools such as a Qualified Domestic Relations Order (QDRO). The division of these assets can significantly impact each spouse’s financial security in retirement, making experienced legal counsel essential.
Alimony and Spousal Support
Another key consideration is alimony (spousal support). Courts may award alimony in cases where one spouse has significantly less earning potential or has been financially dependent during the marriage. In late-life divorce, this is common, especially if one spouse stayed home to raise children or support the household while the other pursued a career.
Factors courts consider include:
- Length of the marriage
- Age and health of both parties
- Earning capacity and employability
- Standard of living during the marriage
Emotional and Practical Considerations
Late-life divorce is not only about financial matters. It also involves emotional adjustments and lifestyle changes, including:
- Downsizing homes or relocating
- Adjusting to living alone after decades together
- Reevaluating retirement plans and timelines
- Navigating relationships with adult children and grandchildren
These changes can feel overwhelming, but with proper legal and emotional support, many people find this stage of life brings new opportunities for growth and fulfillment.
Trusted Legal Guidance in Roswell, GA
At Rowsey & Stelter, Attorneys at Law, we provide experienced, compassionate representation for clients facing late-life divorce. Serving Roswell, Alpharetta, Marietta, Johns Creek, Sandy Springs, Milton, and surrounding Fulton and Cobb County communities, we understand the complexities of property division, retirement planning, and spousal support.
Attorney Thomas C. Rowsey has spent decades helping clients through family law challenges with honesty, skill, and dedication. Our goal is to protect your financial interests while helping you move forward with confidence.
Take the Next Step
If you’re considering divorce later in life, it’s critical to have an attorney who understands the unique challenges and opportunities you face.
Contact Rowsey & Stelter, Attorneys at Law in Roswell, GA, today to schedule a consultation. Let us guide you through the process and help you secure a stable and secure future.
Posted on behalf of
295 W Crossville Road,
Building 100, Suite 110,
Roswell, GA 30075
Phone: (770) 993-5317
Monday - Friday 9:00 AM – 5:00 PMSaturday Closed