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# Divorces Occurring Later in Life – Also Known as “Grey Divorces”
Jun 1 2023 - Posted by , in 
## **Special Considerations for Grey Divorces in Texas**
Regardless of your age, getting divorced requires an informed and forward-thinking approach. But, for spouses who are getting divorced later in life (commonly known as a “grey divorce”), there are some special considerations involved in the process.
If you are contemplating a grey divorce, it will be important to make sure you consider all pertinent factors and make informed decisions with your long-term best interests in mind. Overlooking important considerations can lead to unnecessary costs and complications, and it can lead to post-divorce disputes in some cases.
## **What Makes Grey Divorces Different from Other Divorces?**
To begin, we should clarify why grey divorces involve special considerations. All of the special considerations involved have to do with age. As you get older, you have less time to save for retirement, and you face a greater risk for various health complications. Older couples typically have more property as well, and while they may no longer have children at home, they have their financial legacy to think about as well.
These factors—among others—combine to impact the  in several important ways. As a result, older spouses need to acknowledge these factors, and they need to address them proactively when bringing their marriage to an end.
## **7 Important Factors When Getting a Grey Divorce**
So, what are we talking about? Here are seven important factors to consider when preparing to go through a grey divorce in Texas:
1. **Identifying Separate and Community Property**
All divorcing spouses must carefully identify their separate and community property at the outset of the divorce process. Texas law requires divorcing spouses to “justly” distribute their community property, and it provides that the spouses’ respective separate property is not subject to .
When you’ve owned most of your property for decades, this can make it more difficult to determine their separate or community status. This is true not only because it can be more difficult to identify the date of acquisition but also because various circumstances can affect the property’s status as separate or community over time. For example, even if you or your spouse owned your home prior to your marriage if you remodeled or renovated your home during your marriage, this will have an impact on the role your home plays in your divorce.
2. **Prioritizing Community Property**
As you get older, prioritizing certain community property during the divorce process can take on heightened importance. This is especially true with regard to retirement property, including IRAs, 401(k)s and pensions. If you are approaching retirement age (or if you are already retired), it will be critical to ensure that you have access to the financial resources you need after your divorce.
Beyond addressing your financial needs in retirement, it will be important to think carefully about your other property-related priorities as well. Do you want to remain in the family home? Do you want to keep your vacation property? Do you have cars, artwork or other property that are important to you? By putting a plan in place at the outset, you can set yourself up to make decisions that you’ll be happy with once your divorce is over.
3. **Paying Off Debts**
Many older couples use the divorce process to become debt-free. If you are interested in eliminating debts through the divorce process, this is a priority that you should be sure to discuss with your divorce lawyer. Regardless of whether you and your spouse’s priorities are aligned in this regard, there are steps your lawyer can take to help minimize (if not completely eliminate) your debt post-divorce.
As an example, many empty-nesters will also want to downsize through their divorce. If you have a mortgage on your primary residence and neither you nor your spouse wants to remain in the family home, you can sell the home, pay off the mortgage and distribute the remaining proceeds. Or, if you have a vacation home that you’ve only visited once in the past two years, you could consider selling this property—or allowing your spouse to take sole ownership—during your divorce as well.
4. **Avoiding Unnecessary Tax Liability**
When dealing with things like retirement and paying off debts, it is important not to overlook the tax implications involved. There are strict rules around dividing retirement accounts (and special procedures for dividing retirement accounts in a divorce) and selling appreciated property will trigger capital gains taxes in many cases.  To ensure you do not incur tax liability unnecessarily, it will be important to work with a divorce lawyer who can take these additional (and often overlooked) considerations into account.
5. **Healthcare Planning**
For older spouses, healthcare planning is also an important part of the divorce process. Both spouses will need to make sure they have continuing access to good health insurance, and they will want to consider their potential future out-of-pocket healthcare costs as well. Going through a divorce is also a good time to consider things like Medicare planning, and older divorcing spouses should carefully address all pertinent considerations related to life insurance as well.
6. **Estate Planning**
Along with healthcare planning, estate planning is another important ancillary aspect of the divorce process. If you and your spouse have a joint estate plan, or if your estate plan names your spouse as your primary beneficiary (which is most likely the case), you will want to address this promptly in conjunction with your divorce.
7. **Protecting Access to Social Security and Other Benefits**
Finally, we briefly mentioned Medicare planning, and there are other government benefit considerations involved in going through a grey divorce as well. One of the most significant of these considerations is Social Security. If you will rely on Social Security during your retirement, you will need to make sure that you remain eligible to receive these benefits after your divorce.
## **Schedule an Initial Divorce Planning Consultation at the Lincoln Law Firm, PLLC**
If you are contemplating a grey divorce and would like to know more about the considerations involved, we invite you to get in touch. Please call 281-970-9005 or  to schedule a consultation today.
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I met with Mrs. Lincoln and she consulted with me about my divorce. She was a wealth of information that I did not know or understand and she explained it to me fully. I hired her to represent me in this divorce and she did an outstanding job that was fair to both me and my future ex-wife. She was so good that she helped my ex-wife by answering questions for her after her lawyer would not return calls or emails. My ex-wife is the one who suggested I contact Mrs. Lincoln and made the comment that she wished she had hired her instead. I would highly recommend her if you find yourself in the situation where you need a great divorce lawyer.
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Chris was patient and compassionate throughout my process, which was not very peaceful. I felt I was advised, prepared, and equipped with the knowledge and expectations needed to go through such an unfortunate situation. Chris has continued to acknowledge and answer questions even multiple years after the divorce was final.
- Anonymous -
While going through a divorce can be very hard and emotional, Chris made the whole experience as easy as possible. At no time did she judge me for the reasons behind the divorce and was a pleasure to work with under the circumstances. She was fair, up front, honest and represented me without hesitation throughout the entire process, nor did not try to nickel & dime me what so ever. I was very pleased with the final outcome and would give Chris high recommendations for anyone needing a divorce attorney.
- Kirk -
After my wife passed away, my stepdaughter's options were me or her biological father who has never been a part of her life except to cause problems. Christine represented me throughout the adoption process and we successfully terminated his parental rights and won the adoption. As best I can recall, the only things I said to the judge were "yes ma'am" and "thank you". Prior to talking to Christine, I talked with at least 3 other lawyers, all of which told me I didn't stand a chance at adopting my daughter. Not only did we win the case, I knew we were going to win after the first court appearance.
- Nick -
I’ve known Chris Lincoln for several years. She did my second divorce when my third marriage failed... I knew who to go to immediately.... Chris Lincoln is a knowledgeable, dedicated, hard-working attorney who cares about her clients. She understands the system has worked for many many years and knows the ins and outs of the divorce procedures. A few tough issues came up and she knew exactly how to handle them. She cares about her clients and wants to protect your rights and your property. And most of all, she has a clear head. She won’t let her clients get mixed up in emotional battles that will just prove costly for everyone. She understands the issues and clarifies them quite well. If you want a great divorce attorney... someone who understands the system.. Chris is your attorney. I have, and will recommend Chris immediately to anyone who needs a divorce attorney!
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Christine Lincoln was an absolute Godsend for me! she answered on my first call and immediately started to settle my nerves by slowly walking me through my situation and answering all of my questions. She was able, in a short 3 month period of time, to get my situation resolved. She stayed on top of my case all the while reassuring me that she would move it forward toward resolution. Absolutely fantastic!!!
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Chris Lincoln is capable and also personable, keeping you informed through the entire process. She will work for you until the desired results are achieved. I would hire her again (without hesitation).
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Chris helped me from start to finish for my daughters adoption. Everything she did, she did with my daughters best interest in mind. Thanks to her, our family has been made whole!
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