Gray Divorce Attorney in St. Petersburg, Florida 

Gray divorce refers to couples over 50 years old deciding to end their marriages. It's a growing trend in the United States, often attributed to various societal and personal factors. One significant reason is the changing perceptions towards marriage and individual happiness.  

As societal norms evolve, there is a growing acceptance of seeking personal fulfillment, even later in life. For instance, as life expectancies increase, people over 50 may look ahead to many more years of life and decide they want to spend that time differently than they once thought.  

"Empty nest syndrome" also plays a big role—once children leave home, couples might find they have less in common than before. The financial independence of both partners has also made it easier for individuals to make the decision to divorce, knowing they can support themselves.

These factors, combined with the decreased stigma surrounding marriage dissolution, contribute to the rising trend of gray divorce. 

As a Florida divorce lawyer with over 30 years of experience, I've handled my fair share of gray divorce cases. My firm is located in St. Petersburg, Florida, and I've worked with clients throughout the surrounding communities of Pinellas Park, Tierra Verde, St. Pete Beach, and Clearwater Beach.  

Why Choose Garth R. Goodman, PA for Your Gray Divorce?

The uptick of gray divorces in recent history reflects changing societal norms and expectations of life post-retirement. These divorces require a skilled and innovative attorney to help you seek the equitable outcome you deserve.  

At Garth R. Goodman, PA, I bring over three decades of experience in family law, giving me a deep personal understanding and sensitivity toward the distinct emotions that individuals going through gray divorce deal with.  

I have a proven track record in handling high-asset divorce cases, which is often a significant component of gray divorces, ensuring that the division of assets is managed with care and precision. With the unique challenges of dissolving a marriage later in life, my extensive experience and empathetic approach position me to offer superior guidance and representation to those undertaking this major life transition. 

Key Considerations in Gray Divorce

People navigating divorce later in life are going to have a lot of the same matters to discuss as any other divorcing couple. However, they're also going to have other unique concerns specific to their age and stage in life. Some key considerations in gray divorce may include: 

Division of Retirement and Pension Plans 

In Florida, retirement and pension plans are often considered marital property and are subject to division during a divorce. This means that any retirement savings accumulated during the marriage must be equitably distributed between the spouses.  

The process involves valuing these assets and, frequently, using a Qualified Domestic Relations Order (QDRO) to divide the retirement or pension plans without incurring penalties or tax consequences. Understanding the specifics of each retirement plan and how it can be divided is crucial for ensuring a fair and equitable division. 

Life Insurance and Health Care Issues 

Life insurance and health care are critical considerations in a gray divorce. Florida law may require one spouse to maintain a life insurance policy to secure alimony or support payments.  

Additionally, divorcing spouses over 50 must address healthcare concerns, particularly if one was dependent on the other's health insurance plan. Finding individual health insurance coverage or understanding the eligibility for Medicare becomes imperative.  

Alimony Concerns for Long-Term Marriages 

Florida law recognizes that long-term marriages, often defined as those lasting 17 years or more, may warrant permanent alimony. In gray divorces, the court considers various factors, including the age, health, financial resources, earning capacities, and the duration of the marriage, to determine alimony.  

The goal is to ensure that both parties can maintain a standard of living reasonably comparable to that of the marriage.  

Estate Planning and Will Modifications

Divorce, especially gray divorce, necessitates a thorough review and modification of estate planning documents. Under Florida law, divorce automatically revokes any provisions in favor of a former spouse in a will or trust.  

It's important to update wills, trusts, powers of attorney, and healthcare directives after a divorce to make sure assets go to the right people according to the individual's new wishes. This prevents the wrong beneficiaries and makes the estate plan match the person's current intentions. 

Substantial Assets

Gray divorces often involve the division of substantial assets that have been accumulated over decades of marriage. This can include real estate, investment portfolios, business interests, and other high-value possessions—requiring detailed and often sophisticated financial analysis to ensure an equitable distribution between partners. 

Given the intricate nature of these financial holdings, having a lawyer with expertise in high-asset divorces is crucial. My role involves working closely with financial planners and accountants to accurately assess and divide complex marital estates, always aiming to optimize my client's financial well-being post-divorce. 

Your Options for Proceeding

The law makes space for different divorce pathways. At Garth R. Goodman, PA, I prioritize exploring all options to resolve issues amicably, and without court intervention. However, sometimes litigation becomes necessary when spouses are unable to reach an agreement. 

Divorces typically take one of two shapes:

An uncontested divorce—often the smoother and faster route—occurs when both spouses agree on all major issues, including asset division, alimony, child support and custody, and any other matters relevant to their separation. This mutual agreement allows for a more amicable resolution and often avoids the need for a protracted court battle, resulting in both time and cost efficiency. 

On the other hand, a contested divorce arises when spouses cannot reach an agreement on one or more key issues. This type of divorce typically necessitates court intervention to resolve disputes, leading to a longer, more complex, and often more expensive process. Contested divorces require each spouse to present their case, often through legal representation, for decisions on disputed matters.  

When you choose my firm, I'll work with you to assess your unique situation and determine the best possible course of action for your gray divorce. Whether it be through mediation or aggressive representation in court, my goal is always to help clients achieve a fair and favorable outcome.