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Torrance Gray Divorce Attorney

Helping Torrance Residents Enter the Next Phase of Their Life

Older couple divorcingGray divorce is a term that was coined to describe a remarkable surge in divorce rates in the “baby boomer” generation. Baby boomers are persons who were born between 1946 and 1964, a time marked by an increase in childbirth after World War II. Today, baby boomers range in age between the mid-50s and 70s.

So why are so many baby boomers getting divorced later in life? Some baby boomers have postponed divorces for several reasons including:

  • Sparing their children the negative consequences of divorce
  • Changing values and interests upon retirement
  • Disillusionment with traditional expectations for marital responsibilities

Whatever the reason, many senior-aged adults have decided to get divorces. This presents a set of unique legal circumstances for the parties in a gray divorce. If you are considering divorce after years or decades of marriage, you should consult an experienced Torrance gray divorce attorney for advice. At Patricia Barberis, A Law Corporation, our attorneys have decades of collective legal experience litigating all kinds of divorce issues, including gray divorce.

To learn more about the legal options available to you, call us at (310) 904-6648 for a consultation.

Gray Divorce and Property Division

The division of marital assets upon divorce is a significant issue for any divorce. In California, courts resolve property division issues using the “community property” system, where the parties to a divorce are entitled to an equal share of the community estate.

All property acquired during the marriage and before the parties’ date of separation is considered to be “community property” and therefore subject to equal division upon divorce. All property a party acquires before divorce and after the date of separation qualifies as separate property and therefore is not subject to equal division upon divorce.

The date of separation is a key component when making property division determinations. Because gray divorces involve lengthy marriages, the total of community property and assets (the community estate) is likely to be very large. Furthermore, gray divorces will likely involve complicated financial issues, such as the attribution of retirement accounts and benefits to either community or separate property.

At Patricia Barberis, A Law Corporation, we have experience with the kinds of issues affecting property division in gray divorces, including:

  • Dividing financial assets such as stocks, annuities, and trust benefits
  • Valuing business interests
  • Dividing retirement benefits
  • Tracing assets to community or separate property

Gray Divorce and Spousal Support

Spousal support—also known as “alimony” or “spousal maintenance”—is probably the most important issue for gray divorces. Many divorcees at an advanced stage in their lives have little to no reasonable chance at securing employment today. In such cases, there’s little doubt that gray divorcees would be entitled to permanent spousal support.

The following spousal support issues are common in gray divorces:

  • Permanent spousal support: An order for permanent spousal support is appropriate for divorcees with virtually no marketable job skills who were in a long-term marriage.
  • Marital standard of living: An award for permanent spousal support allows the supported spouse to maintain the same standard of living the parties achieved at the date of separation.
  • Date of separation: In California, long-term marriages are those that lasted beyond 10 years. The parties’ date of separation also plays a vital role in determining spousal support obligations, as courts treat that date as the termination date for the marriage and the parties spousal duties.

Consult Patricia Barberis, A Law Corporation for Legal Counsel

Are you considering getting a divorce later in life? If so, you should consult an experienced attorney from Patricia Barberis, A Law Corporation. Backed by more than 70 years of collective experience, our firm offers quality legal advice and advocacy regarding a variety of family law issues, including divorce, property division, and spousal support. To explore the merits of your case, and determine the full extent of your legal rights, consult a member of our legal team.

To schedule a consultation, call us at (310) 904-6648 or contact us online today.

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