Insurance
In a Gray Divorce, the age of the parties calls for issues surrounding both health and life insurance to be addressed.
Health Insurance
Couples divorcing after age 50, but before qualifying for Medicare, should consider the costs of health insurance when planning for their future. Once the divorce is final, you cannot remain on your spouse's health insurance plan. Individuals over the age of 50 need to consider the availability and affordability of health insurance as part of the financial matters addressed in your divorce.
Medicare
You may qualify for Medicare under your former spouse's work record if you are eligible for your former spouse's Social Security benefits. Generally, you must be age 65 to qualify, but disabled divorced widows or widowers under age 65 may be eligible earlier.
Continue to Receive Health Benefits with a Legal Separation
Instead of divorcing, some couples decide to become legally separated. Legal separation prepares the parties to live separately by legally dividing property and debt, providing for spousal maintenance when appropriate, and other provisions but without entering a decree that dissolves the marriage. Because legal separation does not end the legal marriage, a spouse may still receive health insurance benefits from the other's plan.
If you are considering this option, you should discuss it with a qualified divorce attorney who has experience creating legal separation agreements for couples who are retired, nearing retirement age, or are otherwise concerned about qualifying for medical insurance with a new plan.
Life Insurance
Life insurance is typically considered in association with a spousal maintenance award as a means of providing security and certainty that spousal maintenance will be paid for the duration agreed upon or ordered by the court even if the payor dies. The spouse entitled to spousal maintenance is typically designated as the beneficiary of the policy.
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Client testimonials
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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.
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Thanks for all the work for our family over the past year. We’re really glad you are on our side.- P.O.
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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.
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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.
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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.
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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.
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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.
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Dave, thank you very much for doing such a wonderful job. It has been a pleasure working with you.- R.C.