If you find yourself in your “Golden Years” and are pondering a divorce, then this blog is for you. You’re likely among those who are apprehensive about the fate of your assets when they’re divided in a divorce. Your hard-earned possessions hold considerable significance, reflecting your years of dedication and hard work. As the prospect of living together as a couple diminishes, a judge may determine the division of assets based on their interpretation of fairness.
The fact is that divorce for people over fifty will be complicated regardless of how much money a couple has. Still, the complications increase exponentially for those of you whose community property estate is substantial. Effective planning and communication with your family law attorney can reduce complications and set the stage for a successful divorce.
Ensure Will and Trust Terms Survive Divorce
If you and your spouse have substantial assets, you may contain a provision for allocating those upon your death. In the more immediate sense, it’s possible that trusts have been established to manage these assets when the time comes to distribute them to the intended beneficiaries. These trusts guarantee the provision for your family members and minimize taxes related to gifts and similar matters.
What happens to these arrangements after a divorce case? Your family law attorney can address trust revocability during divorce. If needed, they can also connect you with a probate attorney for further assistance.
For instance, I know that my wife and I’s wills are so-called “mirror wills”- they reflect each other perfectly. Our goals and objectives are the same because we are a cohesive unit that shares equally in our assets. However, in the event of divorce, those circumstances no longer apply, and each of our wills would require modifications.
Managing Family-Owned Businesses Post Divorce
Suppose you started a business that allowed your family to earn a high income during your marriage to your spouse. However, during the divorce, you and your spouse disagree on business ownership post-divorce. You may have been doing the work inside the company, but your spouse may argue their contribution. For example, their role in raising the kids during the business’s infancy or handling bookkeeping and logistical responsibilities.
This is a situation that can lead to a lot of drama and much arguing in the context of settlement negotiations. While there is more than one way to skin a cat, your attorney should be familiar with complex business negotiations in the context of a divorce.
Whether you and your spouse will sell the business and divide the profits, or if one spouse will retain the company and pay a pre-determined sum to the other, a thorough analysis should protect your rights in any eventual agreement.
What to Do with the Family Home?
The house you and your spouse live in can be one of the more difficult items to deal with as far as your divorce is concerned. This home may be the one you all moved into upon getting married and where you raised your children together. There are a lot of memories and a lot of residual emotional hang-ups associated with doing anything other than hanging onto it as long as you can. This, of course, is highly understandable.
On the other hand, it may be best that you and your spouse agree to sell the home and split any equity received upon a successful sale. Being able to talk through the emotional aspects of your selling your home in a divorce is an important reason to have a trusted attorney by your side in your divorce.
The other end of the spectrum has cold, complex numbers as a significant concern. Selling a home can result in potential capital gains taxes if the return on the sale exceeds $500,000. If the home is awarded to you or your spouse, and it’s sold after the divorce, only $250,000 is exempt from taxes for a single person. The remaining portion of the profits from selling the home will be taxable.
Conclusion
Navigating a “golden divorce” presents unique challenges, particularly concerning the division of assets accumulated over a lifetime. For individuals entering their “Golden Years” and contemplating divorce, the fate of their hard-earned property becomes a central concern. From homes to investments and bank accounts, these assets represent years of dedication and diligence. As the prospect of living together as a couple fades, the division of assets may ultimately hinge on a judge’s interpretation of fairness. Seeking professional guidance and legal counsel tailored to “golden divorce” scenarios can provide invaluable support in ensuring a fair and equitable resolution for all parties involved.
Entering into a Golden Years divorce and have questions for an attorney? Contact the Law Office of Bryan Fagan, PLLC, today.
If you are interested in a divorce and are of retirement age, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC, today. We have represented countless clients in your position and would be happy to speak to you about the services we can offer you and your family. A family law attorney with our office can talk to you about six days a week for a free consultation.
Ebook
![Adobe Stock 62844981[2]](/?seraph_accel_gci=wp-content%2Fuploads%2F2023%2F09%2FAdobeStock_628449812.jpeg&n=ZoLGz1rB9EpXzbEKYFZug)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce“
![Divorce Wasting Assets[4]](/?seraph_accel_gci=wp-content%2Fuploads%2F2023%2F09%2FDivorce-wasting-assets4.jpeg&n=sXY6yiEXD50JDzE8l8yrtA)
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!“
Other Articles you may be interested in:
- Unique considerations to make for Over-Fifty Divorces
- 7 Tips for Divorcing After Age 50 in Texas
- Divorcing After Age 50 in Texas: What it Can Mean for You and Your Spouse
- Texas Divorce and Retirement & Employment Benefits by the Numbers
- Is Social Security Considered Separate Property in a Texas Divorce?
- Will My Spouse Get Part of My Retirement in Our Texas Divorce?
- Husband Loves His Wife and Wants a Divorce in Texas “On Paper” for Strategic Financial Reasons?
- My Spouse Has Accused Me of Adultery in my Texas Divorce, and I Haven’t
- When is Cheating Considered Adultery in a Texas Divorce?
- Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
- Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with ar Spring, TX Divorce Lawyer right away to protect your rights.
A divorce lawyer in Spring, TX, is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
