Divorce Over 50 – Four Things to Keep in Mind
Social and Economic Challenges

Divorce Over 50 – Four Things to Keep in Mind

Divorce Over 50Are you over 50 and divorcing — or considering divorce? Getting a divorce is a difficult time in almost anyone’s life. According to a well-known list compiled by physicians to predict illness, divorce is the most stressful life event an adult goes through, second only to the death of a child. It is more stressful than imprisonment, the death of a close family member or even a serious personal injury.

Divorce Over 50 – Social Challenges

Getting a divorce after the age of 50 comes with its own set of challenges, both social and economic.

Adjusting to life as a single person after many years of marriage can be liberating, but also terrifying, if you haven’t been in another relationship for many years—or even if you have.

Depending on whether you were primarily responsible for caring for the children and marital home, you may be asked to enter the workforce with a résumé that has not seen the light of day for decades, and without relevant experience for anything but entry-level positions, for which you will have competition from others less than half your age.

Divorce Over 50 – Economic Challenges

If you were the breadwinner, prepare to pay a significant portion of your salary to your former spouse.

Another common issue is retirement planning. Where a pension or 401(k) along with social security benefits may have provided a livable retirement for two living in the same household, those same benefits may fall far short of anything resembling comfort in the future.

So, it is not surprising that when a leading family law attorney in our community was asked in an interview recently what he advises when someone is considering divorce, his response was simple: “Don’t.”


Divorce Over 50 — Sometimes You Don’t Have a Choice

Sometimes you don’t have a choice. You might be the victim of abuse throughout the years, emotional or physical, so that the kids could have a stable childhood, but with the kids gone, you need to get out to live the rest of your life without the looming drumbeat of potential violence.

You might discover certain facts that prevent you from remaining a couple.

Or you might be the person who wants to hold a failing marriage together, but the other party does not.

Whatever the reason, if you find that you’re over 50 and divorcing, there are four things that you need to keep in mind:

(1) – You may own part of your spouse’s pension or retirement, that is, a part of the amount he or she will receive (or is already receiving) every month for life as a result of employment during the marriage.

(2) – You may own part of your spouse’s retirement account, like a 401(k), 403(b), IRA, or TSP.

(3) – If you have been married more than 10 years, you may be entitled to social security benefits equal to the one-half the amount your spouse receives, even if you did not work outside the home during marriage.

(4) – While you own one-half of any business started during the marriage, even if you never set foot in the door of the business, you may have an ownership interest in a business your partner started prior to marriage.


Schedule a Confidential Strategy Session

If you are over 50 and divorcing, you can sit down with us for a confidential strategy session. This is not the ‘free consultation’ offered by many law firms trolling for clients. You are facing one of the biggest changes in your life. We offer informed counsel that is useful and practical. You will meet an attorney who will conduct a real attorney-client confidential strategy meeting. Depending upon the complexity of your marriage, we can schedule a meeting for as long as it takes to fully explore your unique situation.

Sophisticated Legal Strategy Session

You have many questions. We will answer them. Family law is our only area of practice. We will not only address your questions and concerns, but also alert you to issues you probably never even considered. When our strategy session is over, you will have a better idea of a post-divorce future, a better understanding of how your finances will be affected, and better-prepared to make an educated choice about your divorce options.

Angry and Fighting, or Amicable and Open to Compromise?

Couples who go into a divorce process angry and fighting are almost always bound to suffer unnecessary loss—both financial and emotional. This type of bare-knuckled approach is not only often needlessly expensive, it is usually very toxic for children involved. If a dissolution must take place, you should consider working toward an amicable end to your marriage. An amicable divorce can save both spouses money and significantly limit stress during the divorce process for the spouses and their children.

We Seek Cost-Effective, Amicable Dissolutions.

An amicable divorce requires a combination of services. We offer these services with California State Bar Certified Legal Specialists in Family Law. Our attorneys are skilled litigators, but we also offer an attorney with advanced mediation skills to help our clients obtain good results without unnecessary stress and fighting.

Minor children and property division is where the divorce process tends to get heated. We are expert at helping couples who have minor children work out a family plan that is inclusive of everyone’s feelings and goals.

We Make Property Division Challenges as Smooth as Possible

San Diego property division attorney Sarah T. Schaffer, CFLS, LL.M. excels in complex property division. If your property division is straight-forward, count your blessings. If, however, you are facing complex property division, Ms. Schaffer can be a tremendous asset to you (and your soon to be ex-spouse). Sarah is called upon regularly to assist high net worth individuals, professionals, and business owners with their property division.

Our founding attorney, Sarah T. Schaffer has attained BOTH the coveted “Certified Family Law Specialist” designation and an LL.M. in taxation. Attorney Schaffer has the litigation and financial skills to help high profile couples who might be seeking discretion from the media and public scrutiny, high net worth couples who are CEOs, CFOs or small business owners. Sarah can untangle and suggest creative solutions to those couples who own multiple properties, have stock portfolios, stock options, and multiple retirement plans.

Certified Family Law Specialist, Sarah T. SchafferAttorney Sarah T. Schaffer, CFLS, LL.M can help you work out complex property division issues by finding workable solutions and creative solutions that –in the end– will prove to benefit both spouses and the entire estate by saving money that is often wasted on needless litigation. If an amicable property division can be hammered out, you will dodge the emotionally draining, expensive, never-ending litigation that plague some couples. While endless fighting may be the goal of some attorneys who don’t want the fighting (and the invoicing) to stop, The Schaffer Family Law Group, APC would rather help you find the best possible path through your divorce with the least conflict, cost and anxiety.


Schedule a Divorce Strategy Session

Call (858) 509-7907 to schedule a Divorce Strategy Session with a Certified Family Law Specialist now. If you are at work, or cannot call right now, please request your Divorce Strategy Session appointment using the following form:

Agreement to terms *

Sarah T. Schaffer In The News

Recent Media Events

Sarah T. Schaffer Recognized in San Diego Discovery Magazine With over 220,000 attorneys in California, Schaffer is one of the few, numbering 178 within San Diego, to hold the distinction of Certified Family Law Specialist.

San Diego Magazine Women of the Year Awards Colonel Sarah T. Schaffer, USMC – Camp Pendleton recognized for her Military Service as JAG Officer.

Top 50 Influential Leaders in San Diego Sarah T. Schaffer is active in the San Diego County and North County bar associations and supports the programs of Kids’ Turn San Diego, a nonprofit that helps children through family separations, and Casa Cornelia Law Center, which provides pro bono legal services to victims of human and civil rights violations.

Dividing a Business - San Diego Discover Magazine Not all businesses have marital value, especially smaller businesses whose primary value is from the efforts of one spouse.

Sarah Schaffer on the cover of Discover Magazine

Family law matters are never simple By your side every step of the way

Certified Family Law Specialist CFLS Sarah Schaffer, Wayne Rice and Leslie Ryland have been certified by the State Bar of California as “Certified Family Law Specialists,” a distinction earned by family law attorneys who have “gone beyond the standard licensing requirements.” Every attorney at Schaffer Family Law Group has either earned their CFLS Certification, or is actively working towards that professional goal as a requirement of the firm and our commitment to providing our clients the most skilled and proficient attorneys in San Diego County.

Take The First Step

What You Should Know

Top 10 Mistakes In A Divorce To avoid the top five mistakes in a divorce you must take a step back, remove the emotions and treat the process similar to a business transaction. Use these tips to help you expedite the process.

Divorce Over 50 How a 'gray divorce' will impact your retirement planning, including the timing of your retirement as well as the new economic reality divorce may bring to your life.

Top 4 Things To Know if Over 50 and Divorcing Getting a divorce after the age of 50 comes with its own set of challenges, both social and economic.

Professionals, Business Owners & Divorce Solving problems with the division of marital assets. The need for privacy and not leaving written records of your 'dirty laundry' for the world to see in the permanent public record and more...

Military Divorce Sarah serves as a colonel in the Marine Corps Reserve. Military families find Sarah’s understanding of the military and issues servicemembers face enable her to provide superior counsel.

Where Should I Start?

Find answers to common questions about divorce and family law

Browse Our FAQ's

Why Choose Sarah's Team?

Experienced, aggressive, reliable family law attorneys in San Diego

What Sets SFLG Apart?

What Can I Do Today?

Schedule a strategy session with an attorney by phone, video chat, or in office

Contact Sarah Today
Home Page Consultation

Schedule An Appointment

If you would like to schedule an appointment you can use the form below or call us 9 am - 5 pm at (858) 509-7907.

We will not share your information with ANYONE. EVER. FOR ANY REASON.

Agreement with terms *

Schaffer Family Law Group, APC