Divorce over 50—often called “gray divorce”—is on the rise in Florida for a host of reasons.Data from U.S. Vital Statistics Reports and the American Community Survey shows that while divorce rates among middle-aged adults have stabilized since 2010, they continue to rise among those over 65. Additionally, more than 60% of second marriages end in divorce, meaning many older couples fall into this category.
This trend has created many misconceptions, especially about Florida’s unique divorce laws. If you’re navigating a grey divorce, understanding these distinctions is crucial. Read on to debunk common myths (especially regarding alimony) and gain the clarity you need to make informed decisions.
Common Misconceptions About Gray Divorce
Despite the growing trend, gray divorces come with a host of misconceptions. Here are some of the most common myths:
1. Alimony is Guaranteed in Every Grey Divorce Case
Many assume that when an older couple divorces, one spouse—typically the lower-earning one—is automatically awarded alimony. In Florida, that’s not the case. Alimony is only awarded when one spouse can demonstrate financial need, and the court considers various factors such as the length of the marriage, the standard of living, and each spouse’s contributions. It’s not a given. Read here to learn about the changes in Florida Alimony laws as of 2023.
2. The Wife Always Receives Alimony
Times have changed. Decades ago, wives were typically awarded alimony because they were the primary caregivers or had fewer career opportunities. But today, many women are as financially successful—if not more so—than their husbands. If the husband meets the financial need criteria, he could be the one receiving alimony.
3. Property is Split 50/50
Many believe that marital property is divided equally in every divorce. Florida follows the principle of equitable distribution, meaning property is divided fairly but not equally. The court looks at various factors to decide what’s fair, and one spouse could receive more than half of the marital assets if the circumstances justify it.
4. Social Security Benefits Are Split in Divorce
Contrary to popular belief, Social Security benefits are generally not divided during a divorce in Florida. Each spouse typically retains the benefits they’ve earned. While federal law provides for spousal benefits in some situations, state courts do not directly divide Social Security benefits during a divorce.
5. Gray Divorces Are Easier
While gray divorces may lack the emotional intensity of divorces involving younger couples, they are not necessarily easier. Older couples often have more significant assets to divide, complicating the process. In addition, divorcing later in life can have emotional and financial impacts, including feelings of isolation, loneliness, and potential health declines. Studies even show that divorced men over 50 feel lonelier than those who are widowed, while women may fare better emotionally.
Key Takeaways
- Gray divorces are rising in Florida, but many misunderstandings surround the process.
- Common misconceptions include the assumption that alimony is guaranteed, that property is always divided equally, and that Social Security benefits are part of the marital estate.
- While gray divorces may be less emotionally charged, they are often complicated by financial considerations, making expert legal guidance essential.
Gray divorce can be complex, with unique legal and emotional challenges. Experienced legal representation ensures you navigate these issues effectively, protecting your future and financial stability.
Hoffman, Larin & Agnetti have fought for our family law clients for over 40 years. Call our experienced Family Law attorneys 24/7 at 305-653-5555, text us at 305-653-1515, email us at [email protected], or fill out the form at www.hlalaw.com.
Important Tip:
Before you walk down the aisle, please talk to Martin L. Hoffman, Senior Family Law Partner, about drafting a prenuptial agreement. Prenups are an excellent tool to protect your assets and avoid a messy divorce. Prenups are not just for the wealthy.
