Are you going through a divorce later in life in Orlando, Florida? If so, you may be facing complex issues related to property division, retirement accounts, alimony, and more.
At the Law Office Of Paulette Hamilton Divorce Lawyers, we understand the unique legal and emotional challenges that come with ending a long-term marriage. Call us today at (407) 420-2311 to schedule a free case evaluation with an Orlando gray divorce lawyer.
With 15 years of combined experience, our attorneys are here to guide you through the legal process and protect what matters most. Whether your divorce is contested or uncontested, we can offer thoughtful and effective representation tailored to your needs.
Why Choose the Law Office Of Paulette Hamilton Divorce Lawyers to Help With Your Gray Divorce in Orlando, FL?
Our legal team with the Law Office Of Paulette Hamilton Divorce Lawyers has substantial experience handling divorce cases throughout Central Florida.
In helping families, members of our legal team have been recognized by Super Lawyers, Avvo Clients Choice Award, Avvo’s Client Choice Award, Avvo Reviews, and 10 Best Lawyers (Female Attorneys).
When you hire our Orlando divorce attorneys, we’ll take the time to understand your priorities, evaluate the financial landscape, and work toward a fair resolution. Reach out to our law office today for a free case evaluation with an Orlando divorce lawyer.
How Can an Orlando Gray Divorce Lawyer Help With Your Case?
Here are just a few ways our Orlando family lawyers can help:
- Identify and value all of your marital and separate assets
- Evaluate pensions, IRAs, 401(k)s, and Social Security benefits
- Address complex property issues like real estate and businesses
- Work with financial and tax experts when needed
- Create or contest alimony arrangements
- Draft and negotiate settlement agreements
- Represent you in mediation or court hearings
We’re committed to providing supportive, detail-oriented legal services at every stage of the process. Contact our gray divorce lawyers in Orlando, FL, today to set up an initial consultation.
What Makes Gray Divorce Different?
Gray divorce involves many of the same legal issues as any other divorce, but certain complications tend to arise more often when older couples separate. These issues can have a major impact on your financial well-being.
Some common concerns in gray divorce include:
- Dividing substantial retirement savings
- Determining the long-term need for alimony
- Selling or refinancing the marital home
- Navigating Medicare and private health insurance coverage
- Ensuring estate plans reflect post-divorce realities
- Understanding how Social Security and pension benefits may be affected
You may not have minor children to worry about, but financial security becomes a much greater concern in these types of cases. Unlike younger couples, older spouses often don’t have time to recover financially from an unfair divorce agreement. That’s why hiring an experienced Orlando gray divorce lawyer is essential.
Florida Is an Equitable Distribution State
In Florida, property is divided according to the principle of “equitable distribution.” That doesn’t mean assets are always split 50/50. Instead, the court will aim for what it considers fair based on the specific circumstances of your marriage.
Generally, only marital property is subject to division. This includes income, savings, and other assets acquired during the marriage. Separate property, such as gifts or inheritances received before the marriage, may remain with the original owner, unless it has been commingled.
Florida courts will consider a number of factors when dividing property, including:
- The length of the marriage
- Each spouse’s economic circumstances
- Contributions to the marriage, both financial and non-financial
- Whether one spouse supported the other through education or career advancement
- Whether one party intentionally wasted or hid marital assets
- The desirability of allowing a spouse to retain certain assets, such as a business or home
In a gray divorce, the total assets may be significant and more difficult to divide. This can include things like stock portfolios, rental properties, retirement plans, or jointly owned businesses. The guidance of a knowledgeable lawyer can help you protect your interests.
Will I Have to Pay or Receive Alimony in an Orlando Gray Divorce?
Alimony is often a key issue in gray divorce cases, especially when one spouse was financially dependent during the marriage. Courts in Florida have the authority to award alimony when appropriate, and long-term marriages (those lasting 20 years or more) are more likely to result in ongoing spousal support.
Florida recognizes several types of alimony, including:
- Bridge-the-gap: Short-term support to ease the transition to single life
- Rehabilitative: Support for education or training to help a spouse become self-sufficient
- Durational: Awarded for a set period, often when permanent alimony is not appropriate
- Temporary: Support that is given while the divorce proceedings are ongoing
The court may consider several factors when determining whether alimony is appropriate, such as:
- The standard of living established during the marriage
- Each spouse’s age and health
- Each spouse’s income and financial resources
- Contributions to the marriage, including homemaking and childcare
- The length of the marriage
- Any other relevant factors
Because financial independence becomes harder to achieve later in life, it’s important to work with a lawyer who can advocate for a fair alimony arrangement, whether you are seeking or contesting support.
Retirement Accounts and Gray Divorce in Florida
One of the most important concerns in a gray divorce is how retirement assets will be handled. Many couples have spent decades saving for retirement together. Now, those savings must be divided fairly.
In Florida, retirement benefits earned during the marriage are considered marital property and may include:
- 401(k)s and 403(b)s
- IRAs
- Pension plans
- Military and government benefits
- Deferred compensation plans
Depending on the type of account, these assets may require a Qualified Domestic Relations Order (QDRO) to divide them properly. A QDRO ensures the funds are distributed without tax penalties or early withdrawal fees. Failing to properly structure these transfers can result in serious financial consequences.
Our Orlando gray divorce attorneys work closely with financial professionals to evaluate all retirement holdings, account for tax considerations, and ensure a fair division of these critical assets.
Health Insurance and Medical Expenses After a Gray Divorce in Orlando, Florida
In many gray divorces, one spouse is no longer working or may rely on the other’s employer-provided health insurance. After a divorce, that coverage typically ends unless you take specific steps to replace it.
Older individuals may face significant challenges obtaining affordable coverage, especially before qualifying for Medicare.
Options might include:
- COBRA continuation coverage (usually for up to 36 months)
- Private marketplace plans
- Health-sharing arrangements
- Medicare, if eligible (generally age 65 and older)
It’s also important to consider future medical expenses and long-term care needs. These costs can be devastating without proper planning. During your divorce, we can help you address health care issues in negotiations and ensure they’re factored into any spousal support discussions.
Estate Planning Updates Are Critical After a Gray Divorce in Florida
Divorce often triggers the need to update your estate plan. Many people forget to remove their ex-spouse from their will, trust, or powers of attorney, which can cause major problems later on.
In Florida, state law automatically revokes most provisions that favor a former spouse. However, this does not apply in every case, and it doesn’t update your documents for you.
You may need to:
- Draft a new will or living trust
- Update your beneficiaries on life insurance and retirement accounts
- Reassign financial and medical powers of attorney
- Consider setting up or modifying a trust for adult children or dependents
These steps are especially important if you’re retiring or have grown children from a previous marriage. Our attorneys can connect you with trusted estate planning professionals if needed.
What if My Spouse and I Agree on Most Issues?
If you and your spouse are mostly in agreement, you may be able to resolve your gray divorce through uncontested proceedings or mediation. These routes are usually less expensive, less time-consuming, and less stressful than taking your case to court.
Even in amicable divorces, it’s important to have a lawyer review your proposed agreement to make sure it protects your future. Some issues, such as the tax consequences of dividing retirement plans or selling a family home, may not be obvious without legal guidance.
Our Orlando divorce attorneys can assist in drafting your marital settlement agreement, preparing and filing your court documents, and finalizing your case efficiently.
Contact Our Experienced Orlando Gray Divorce Attorneys for a Free Case Evaluation
Are you considering divorce after a long marriage in Orlando, FL? At the Law Office Of Paulette Hamilton Divorce Lawyers, we know how difficult this process can be and how important it is to get it right.
Let our Orlando gray divorce attorneys help you navigate the financial, legal, and emotional challenges ahead. We’ll work toward the best outcome possible while keeping your needs and priorities at the forefront.
Call today or contact us online to schedule a case evaluation.
