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Wakenight & Associates, P.C.

9405 Bormet Drive, Suite 7, Mokena, IL 60448

Mokena | 815-727-6144

DuPage County | 630-852-9700   Oak Park | 708-848-3159

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Frankfort, IL Divorce Lawyers for Those Aged 50+

Tinley Park divorce lawyer for retirement and social security

Attorneys Assisting With Divorce Cases for Spouses Over Age 50 in Orland Park and Will County

The divorce process can be difficult in any situation, but it can be especially complicated for couples who are over the age of 50. When you are facing the end of a long-term marriage, separating your life from that of your spouse can be incredibly difficult, and you may feel like you are struggling to overcome an avalanche of legal issues, financial concerns, and personal problems. To ensure that your rights are protected and your needs will be met during the rest of your life, it is essential to work with an experienced attorney.

The lawyers of Wakenight & Associates, P.C. have over 95 years of combined experience working with divorcing couples, and we understand how to properly address the legal concerns that can arise during a gray divorce. With our help, you can ensure that you will be able to survive the divorce process with the resources in place to meet your needs in the years to come.

Legal Issues in a Gray Divorce

When spouses over the age of 50 choose to get divorced, they may not realize how closely their lives have become intertwined over the course of their marriage. They may also worry about their ability to provide for themselves as they reach retirement age. Some issues to be aware of in these cases include:

  • Property division - Spouses will likely acquire a large amount of property over the course of their marriage, and many of these items may have sentimental value. Regardless of emotional attachment, all marital assets and debts should be divided fairly and equitably, including any business interests owned by either spouse. However, assets such as inheritances or gifts granted to one spouse are considered separate property that is not subject to division.
  • Retirement - Spouses who are close to retirement age will want to be sure they will have the financial resources needed to support themselves. Retirement accounts and pension benefits are considered marital property, and a Qualified Domestic Relations Order (QDRO) should be used when dividing these types of assets.
  • Social Security - A person can receive a percentage of their ex-spouse's Social Security benefits when they reach a certain age. However, it is best to work with an attorney and/or financial advisor to determine how to maximize the benefits available.
  • Spousal maintenance - In a gray divorce case, the factors involved in calculating alimony can be especially complex. Multiple types of income may need to be taken into account, such as stock options, bonuses, or other forms of executive compensation. For marriages which lasted 20 years or more, spousal support will be paid for the full length of the marriage or for an indefinite period.

Contact a Mokena Gray Divorce Attorney

If you are choosing to divorce later in your life, you need a skilled legal advocate on your side to ensure that your rights and financial interests will be protected. At Wakenight & Associates, P.C., we can ensure that you take all the necessary legal issues into consideration while working to reach a divorce settlement. To learn more about how we can help you achieve success in your divorce, contact us at 815-727-6144 to set up a complimentary consultation. We represent spouses over the age of 50 in divorce cases in Orland Park, Tinley Park, Frankfort, Homer Glen, New Lenox, Orland Hills, Lockport, Oak Forest, Joliet, and Will County.

  • Elite Lawyer
  • American Bar Association
  • Better Business Association
  • Illinois State Bar Association
  • West Suburban Bar Association
  • Northwest Suburban Bar Association
  • Will County Bar Association
  • DuPage County Bar Association
  • Lake County Bar Association
  • Kane County Bar Association




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