Kennedy Law Associates
COVID-19 UPDATE: Kennedy Law Associates remains open to serve the legal needs of our clients, and for consultations with potential clients, safely via teleconferences, Skype, or Facetime. Let’s all stay healthy and safe.

Things for older people to consider in a divorce

North Carolina residents who are 50 and older may be twice as likely to get a divorce as people in the same age group were in the 1990s. While the divorce rate is down among most age groups, it has increased for people ages 50 and older. These so-called "gray divorces" can jeopardize the retirements of the people involved in them because they have less time to recover financially and build up funds. Divorces for this age group can be expensive if the estranged spouses are fighting over assets.

There are a number of financial mistakes that people in this age group may be vulnerable to making. For example, they may want to keep the home because they are emotionally attached to it. However, it may be difficult to afford it on one income. Unfortunately, there are also expenses associated with selling the home.

It is also important to keep taxes and penalties in mind when it comes to retirement accounts and brokerage accounts. Withdrawals from 401(k)s and IRAs are taxed, and taking funds out before a certain age may also incur a penalty. Certain paperwork must be completed in order to split the money in 401(k)s and some other kinds of retirement accounts without penalty.

Whether a person is emotionally attached to a certain asset or feeling angry or guilty toward a spouse, it is important that these emotions do not drive the decision-making process. Discussing goals and strategy with an attorney beforehand can help. People may want to consider how certain decisions will affect their long-term financial security. For example, keeping the home in order to sell it within a few years might be a good strategy if the home has appreciated considerably.

No Comments

Leave a comment
Comment Information
Contact Us

Tell Us Your Story

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

In Your Neighborhood

Are quality legal services available in your Charlotte neighborhood? Yes, our offices are located in Ballantyne, so you do not need to fight traffic driving uptown or deal with the inconvenience of paid parking decks. We are just minutes from the Ballantyne Corporate Park right off of I-485. An initial domestic consultation with Kennedy Law Associates is a positive step toward creating a roadmap to a better future.

14835 Ballantyne Village Way, Suite 225
Charlotte, NC 28277

Phone: 704-512-0619
Phone: 704-369-5600
Get Directions