Houston Gray Divorce Lawyer

Skilled Gray Divorce Attorney in Houston, TX

Divorces later in life are called gray divorces. These divorces have their own name because they often have similar considerations not present in divorces between younger people. This includes longer marriages, a greater amount of property, concerns over retirement, and more. A Houston gray divorce lawyer understands these challenges. They can help you protect your rights and your financial needs during the divorce process.

Work With a Diligent KGK Family Law Houston Divorce Lawyer

At KGK Family Law, our attorneys have 45 years of legal experience and 33 years in family law. Our firm offers caring support during this difficult time in your life. We bring you strategic options for navigating your divorce.

Our team includes a Board Certified Family Law Specialist, and we understand how Texas family laws impact many unique situations. We can negotiate for you outside of court or represent you in court, such as the Family Courts in the District Courts of Harris County. The outcome of a divorce can have a significant impact on your future, and we take that responsibility seriously.

What Makes a Gray Divorce Different?

In Houston, 8.2% of men and 11.3% of women were divorced. Every divorce is unique, carrying its own challenges. Gray divorces commonly have similar challenges that aren’t present in other divorces. These couples do not have to worry about child custody decisions or the impact on minor children, but there are still other worries, such as:

High-Asset Divorce

In any divorce, property has to be divided. Under Texas law, property division must be just and equitable, not necessarily equal. To determine an equitable division of assets and debts, property has to be valued. Because only marital property is divided, property also must be categorized.

In a gray divorce, there are usually many more assets. Couples have been together for much longer, accruing more assets and debts. It takes longer to evaluate a greater number of assets. Additionally, property is more likely to have been commingled or transmuted, meaning separate property has become marital property. This makes it more complicated to determine which assets are divided.

More professionals may be needed to appraise assets and categorize them properly. The division may also be more contentious because of the connection each spouse has to the property, which can lead to other complications like hidden assets.

Spousal Maintenance Considerations

In Texas, a marriage that has lasted 10 years is more likely to result in spousal support, called spousal maintenance. If a spouse requests spousal maintenance, lacks sufficient property to meet reasonable needs, and does not have the ability to earn enough income to meet their basic needs, the court will likely award spousal maintenance.

Gray divorces are more likely to have lasted 10 years or longer. Gray divorces are also more likely to have a significant income disparity between spouses. One spouse may have given up a more involved career for their spouse’s career, to care for children, or to take care of the home. This lack of work experience compounds over a longer marriage. Additionally, because gray divorces occur closer to retirement age, a spouse has less time to make up for lost time.

For all of these reasons, spousal maintenance is more common in gray divorces.

Tax Considerations

Dividing certain assets during the division of property can have tax consequences, especially when those assets are significant. In a gray divorce, this is especially common with retirement accounts. A retirement account is one of the bigger assets someone over the age of 50 has and is important during property division negotiations. However, removing assets from this account can have significant tax consequences, which have to be considered during these negotiations.

Adult Children

Those getting a gray divorce are more likely to have adult children who have families of their own. Spouses may want to consider issues like how those adult children will react to the divorce, or how inheritance is preserved for those adult children and other descendants.

FAQs

Is Divorce After 50 Worth It?

Divorce after 50 can be worth it, depending on your circumstances. There are several financial consequences of a divorce later in life, but there can be many emotional and personal benefits for your life. It’s important to discuss your situation with an attorney, as they can explain the legal and financial complexities of a divorce in your unique situation. This helps you make informed choices.

What Are the Three C’s of Divorce?

The three C’s of divorce are usually communication, cooperation, and compromise. These are most relevant for divorces secured outside of court. If spouses are unwilling to engage in negotiation using these three C’s, the divorce will likely have to be litigated. Spouses need to communicate their wishes with each other and their attorneys, cooperate during the process, and find ways to compromise so they can reach a divorce agreement that serves both parties.

What Marriage Age Has the Highest Divorce Rate?

Those 15 to 24 years old had the highest divorce rate of all ten-year age groups in 2021, according to one profile. This was a rate of 19.7 per 1,000 individuals. However, divorce rates in this age group have declined significantly in the past decades, while divorce rates of those 65 and older have increased significantly. Divorces between those 50 and older make up 40% of all divorces as of 2022.

What Is the Biggest Mistake During a Gray Divorce?

One of the biggest mistakes during a gray divorce is failing to hire a gray divorce lawyer. A gray divorce has complicated financial issues like dividing significant property and considering tax implications. Without an attorney, you are more likely to end up with an unfair agreement that the court refuses to enforce or causes you serious financial strain. An attorney can help you reach a fair agreement and protect your rights.

Hire a Gray Divorce Lawyer You Can Rely on in Houston

An attorney at KGK Family Law can answer your questions, help you assess your goals, and protect your rights during a gray divorce. We know that these divorces can be uniquely stressful and financially straining, and we want to make the process easier for you. Reach out to our team in Houston today.