LaRocca Hornik Rosen Greenberg & Crupi, LLC

Call for a Consultation

732-246-2112 Attorney Advertising

NY Office

5 issues that are common in older divorces

If you are over 50, going through a divorce presents several different issues than it does for younger couples. Although you likely would not have to worry about child support, there are several other issues that are raised. Some of the more important issues present in divorces later in life include:

1. Retirement accounts

Retirement accounts, such as pensions, IRAs and 401(k)s, are divided in a divorce, regardless of whether they are in pay status. However, if any accounts are in pay status, how they are divided may depend on several factors.

2. Alimony

Put simply, the longer the marriage, the more likely that alimony (or spousal maintenance) may be an issue. This is especially the case if one spouse stopped working to raise a child or is unable to become self-supporting.

3. Children

Although child custody and support are issues not present in most divorces involving older couples, they may be an issue if you are still providing support to an adult child or if your child still lives in your home. If so, this issue will need to be addressed when deciding how to divide the marital property.

4. Social Security benefits

In general, Social Security benefits are not subject to property division. However, in some cases, they may need to be addressed during the divorce. For example, this may be the case if one spouse is entitled to collect benefits after the divorce on the other's Social Security account.

5. Estate plans

Many older couples have done at least some estate planning. Accordingly, during a divorce, it is important to revise wills, trusts, life insurance policies, and other documents to ensure each spouse's assets are passed down according to their wishes.

An attorney can help

Since effectively resolving these issues can be a complex process, it is important to consult a knowledgeable attorney to ensure that it is done correctly. The attorneys at LaRocca Hornik Rosen Greenberg & Patti LLC can consider your situation and ensure that your best interests are protected throughout the process.

No Comments

Leave a comment
Comment Information

Contact Our Firm

To schedule a consultation, call LaRocca Hornik Rosen Greenberg & Crupi, LLC at 732-246-2112 or contact us online.

From our offices in Freehold and New York, we serve clients in

  • Monmouth County
  • Ocean County
  • Middlesex County
  • Central New Jersey

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

  • newjersey
  • avvo-rating
  • peer-rated-for-highest-level-of-professional-excellence
  • new-jersey-supreme-court

Freehold Office
83 South Street, Suite 302
Freehold, NJ 07728

Phone: 732-246-2112
Fax: 732-409-0350
Freehold Law Office Map

New York Office
40 Wall Street
32nd Floor
New York, NY 10005

Phone: 732-246-2112
Fax: 212-530-4815
Map & Directions

review us

At LaRocca Hornik Rosen Greenberg & Crupi, LLC we value your feedback. Please leave us a review.