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Gray Divorce

Divorce for Couples Over the Age of 50

You may have been married to your spouse for 20, 30, or even 40 or more years. If you are over the age of 50 and you are separating from your spouse, you are not alone. More Americans over the age of 50 are getting divorces than ever before. Statistically, they are twice as likely to get divorced as people in the same age group 20 years ago.

If you are divorcing your long-term spouse, we understand this is more than just a legal process. It is an acutely personal experience. A successful result and your experience throughout the process are equally important to us. Our mission is to deliver the very best service to achieve an optimal outcome.

How McKinley Irvin Can Help

McKinley Irvin assists clients with a number of issues that are unique to gray divorce, including:

  • Retirement – Dividing your assets in divorce can be challenging, especially when dividing retirement plans. If you are concerned that your divorce may result in a diminished retirement, our firm may be able to help you with delaying retirement, increasing your savings, or modifying your retirement.
  • Social Security – Some spouses are entitled to his or her spouse's social security benefits. This is contingent on the length of the marriage, income, and remarriage.
  • Income and Spousal Support – One of the biggest questions surrounding divorce is income. What will the source of your income be post-divorce? You may be paying or receiving spousal support, you may have to go back to work, or you may end up splitting a fixed retirement income.
  • Asset Division – Longer marriages can make for divorces that are more complex. Asset division for couples who have had longer to accumulate both separate and community property can involve unique factors such as the length of the marriage and how close both spouses are to retirement.
  • Insurance – Spouses going through a gray divorce will have different concerns than younger divorcing couples, such as health and life insurance. Can you still afford health insurance after divorce? If you are dependent on your spouse's plan, you may need to discuss the possibility of a legal separation in lieu of divorce.
  • Competency – Older divorcing couples may have their competency called into question, namely, that one or both parties are not able to represent their own best interests. We may be able to help prove competency or protect the rights of the not competent party.
  • Long-Term Considerations – Couples who are getting older face major life decisions such as developing an estate plan or deciding a course for long-term care. For some couples, these decisions may need to be made or modified in light of divorce.

Contacting a Washington Divorce Lawyer

The decision to divorce is never easy. Whether divorce is your choice or your spouse's, our firm is here to help you through the process. Our divorce lawyers have decades of legal experience and are highly regarded as some of the best in the region. We invite you to view our attorney profiles to find the representative best suited to meet your needs.

You can also contact our office to schedule an appointment to discuss your case.

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Client testimonials

    "I knew I had a great team looking out for my best interest."
    My daughter is the sunshine of my life. I felt despair and a sense of helplessness on the day I was served. On the first appointment day when I arrived at the office and sat down with my lawyer, I knew I had made the right decision. From the beginning of my case to conclusion, I knew I had a great team looking out for my best interest (and the best interest of my child). Thank you McKinley Irvin!
    - Christine P.
    "Thanks for all the work for our family over the past year."
    Thanks for all the work for our family over the past year. We’re really glad you are on our side.
    - P.O.
    "I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser."
    David remained very level headed and family focused throughout our proceedings. That said, I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser during an otherwise difficult time.
    - T.M.
    "We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services."
    In our search for a reputable law firm to handle my sister’s divorce case, we explored our options until we found the McKinley Irvin law firm. McKinley Irvin has, through our experience, proven to be compassionate, understanding and patient during the long term process of my sister’s case. Due to her disabilities she needed more than the legalities and McKinley Irvin was able to provide their knowledge as well as the assurance to my sister that her case would be handled in her best interest. We cannot begin to express our gratitude for all that the McKinley Irvin law firm has done for us. We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services.
    - P.M.
    "I cannot imagine two people better able to represent me."
    Without David and Sam, there is no way I could have made it through this exceptionally difficult time in my life. I cannot imagine two people better able to represent me, nor a better firm to handle my affairs. You all have been wonderful!
    - M.L.
    "My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up."
    My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up and was very knowledgeable on custody issues.
    - R.R.
    "You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this."
    I would like to give my sincere appreciation to Jennifer Payseno and staff. You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this most difficult time. Thank you for not only being my attorney but becoming part of our extended family.
    - M.F.
    "Thank you very much for doing such a wonderful job. It has been a pleasure working with you."
    Dave, thank you very much for doing such a wonderful job. It has been a pleasure working with you.
    - R.C.