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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

Why Mediation Is a Good Fit for Divorce after 50

Posted on in Mediation

California mediation attorneyGray divorce - those involving spouses over age 50 - are on the rise in the U.S. Among this group, the divorce rate has roughly doubled since the 1990s, according to data from the National Center for Health Statistics and U.S. Census Bureau. Among spouses 65 and older, the divorce rate has tripled in the same period of time.

Experts say that baby boomers, who as a group experienced marital instability earlier in life, are contributing to the rising divorce rate in this age group as subsequent marriages tend to be less stable than first marriages.

Divorces among these population groups often focus on certain types of issues due to the station in life that the spouses find themselves in. Mediation with a qualified Saratoga divorce attorney can be a great fit for those going through a gray divorce for several reasons.

These spouses are likely seeking to end their marriage so that they can fully enjoy retirement or the greater free time they have likely recently come into. Some couples find that when the day-to-day structure of working and childrearing is removed, their relationship is not as strong or fulfilling as it once was.

Because of this, older divorcing couples typically have a good idea about what they want from their divorce as well as the life experience to understand what is fair in their case. This means that mediation may be a good fit for couples in this age range.

Typical issues that come up in Saratoga divorce mediations involving parties age 50 or over include:

  • Long-term spousal support (also called alimony). As a general rule, the longer the parties have been married, the longer spousal support could be required.
  • Division of retirement funds. Because retirement is more imminent in gray divorces, this can be a hotly contested issue. Retirement accounts are often present complicated issues in any divorce. This division should be overseen by a Saratoga family law attorney who is familiar with the technical process required to divide retirement accounts.
  • Property distribution. Couples divorcing after age 50 typically have ownership of sizable bank accounts and property portfolios. In addition, the marital home can be large, and the parties may regard it as a liability that should be sold.

One set of issues that gray divorces typically do not have are disputes about child custody and child support payments because usually the children of the marriage are over age 18. However, parents may be concerned with an agreement as to who will fund college expenses and medical insurance.

Choosing a Saratoga, CA Child Divorce Mediator

An experienced mediator can effectively and efficiently resolve your divorce dispute without interference from a court. Our skilled Los Gatos mediation attorney has worked with divorcing couples who are age 50 and over and is familiar with the issues important to couples at this time in their lives.

Call the Ventresca Law Firm at 408-395-8822. We service clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.



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20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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