Unique Issues You May Face When Ending a Long Marriage
Couples that have been married for a significant number of years may find themselves drifting apart as they move into middle age and their children leave the house. Ending a marriage that has been intact for a long time presents some unique challenges that each partner needs to be aware of.
Here are three issues you should take under advisement when filing for divorce to end your long marriage in the future.
1. The dispersal of Social Security retirement benefits.
In many long marriages, only one spouse generated an income while the other stayed home to raise the children. Divorcing after a lengthy marriage can leave you without access to a monthly income if you were the spouse without full-time employment.
It's important to recognize that there are some situations that could qualify you to receive a portion of your former spouse's Social Security retirement benefits. If the duration of your marriage was 10 years or more and you have reached the age of 62, then you may be entitled to one-half of the full retirement benefit awarded to your former spouse.
Be sure to talk to your lawyer to determine if any special action needs to be taken to secure your access to Social Security benefits after your divorce.
2. The division of real estate.
If the title to the home that you shared with your spouse is not listed under your name (as is the case in may marriages where only one partner works), then you will need to ensure that your attorney fights for you to gain access to your half of the property.
The division of real estate assets can be a source of contention in divorces that end long marriages, so be prepared to argue that your contribution to the marriage entitles you to a portion of the real estate assets, despite the fact that you may not be listed on the deed.
3. Ownership of sentimental items.
When you are married for a significant amount of time, you form sentimental attachments to certain items. In order to ensure that you will be able to take the things that matter most with you when you split from your spouse, your attorney needs to include these sentimental items in your divorce paperwork.
Establishing who will get the children's baby clothing or the family albums prior to filing for divorce can be a simple way to avoid arguments over sentimental items that could tie up your divorce in court.
Ending a long marriage comes with unique challenges that you must be prepared to face. Work with an attorney like those at Kleveland Law who can help you secure your rights to retirement benefits, your home, and any sentimental property as you file for a divorce to end a long marriage.