For anyone nearing or
over 50, these financial issues will be crucial. If you have any additional
questions, contact your divorce attorney.
August 15, 2014 2:58 PM
Breaking up is hard to do no matter when it happens. But
getting divorced later in life can be especially traumatic, both emotionally
and financially.
There
are now more divorcées over the age of 50 than ever before. In 1990, just one
in 10 people who got divorced was over 50; today, it’s one in four, according
to “
The
Gray Divorce Revolution,” an analysis of federal statistics
conducted by researchers at Bowling Green State University.
For
this age group, some of the biggest challenges include divvying up accumulated
assets and learning how to take control of their finances, often for the first
time.
More than 600,000 Americans 50 and older got divorced in
2010, compared to about 200,000 in 1990.
Certified
estate planner
Jean Ann
Dorrell says getting
a divorce later in life requires dealing with situations that you don’t have to
think about when you’re younger: Who gets the house? How will retirement plans
get split? How will a divorce impact your future Social Security benefits?
Here
are her tips on how to handle the most challenging money issues in a
later-in-life divorce:
1. Avoid tax penalties when splitting up assets
2. Real estate: Who gets the house?
3. Be knowledgeable about debt
4. Plan for gaps in health insurance
5. Social Security benefits
1. Avoid tax penalties when
splitting up assets
Longer-married couples have typically built up substantial savings in several
retirement plans. And unless a careful analysis is done, important provisions
and the value of various retirement plans may be overlooked.
To split up some assets, a divorcing couple will need a
Qualified Domestic Relations Order (QDRO) issued by a judge, which changes or
splits up the ownership of a retirement plan to give a divorced
spouse his or her share of the asset. QDROs should protect both spouses from
tax penalties when
retirement funds are transferred from one to
another.
2.
Real estate: Who gets the house?
The house is often a source of emotional attachment — for both husband and wife
— with neither wanting to give it up. But financial factors — like continuing
to pay off the mortgage if there is one and upkeep — should be considered when
it comes to this asset. It may make more sense to sell the house, pull out the
equity and buy something smaller, Dorrell says. Or consider a
reverse mortgage to make it financially possible to
keep the house.
3. Be knowledgeable about debt
Full disclosure about all debts and assets is crucial. The best thing you can
do is get a credit report on both of you. Credit reports are updated regularly,
so it would be good to keep checking on it before the divorce is finalized.
Your divorce attorney should be able to help give each spouse the other’s debt
information and make a plan to get the debt taken care of, Dorrell says.
4. Plan for gaps in health insurance
If you are currently covered by your spouse’s health insurance through a family
policy, you may face a gap in coverage until Medicare kicks in at age 65. One
option is to purchase coverage through the health insurance marketplace; since
the passage of the Affordable Care Act, insurers are not allowed to charge
higher rates for people with pre-existing conditions, and subsidies can make
insurance even more
affordable. Another option is
COBRA, a continuation of your employer’s
group plan for up to 36 months; with COBRA you can receive the same coverage
you had when you were married, but it is expensive. Perhaps a last-resort
option, Dorrell says, is to consider legal separation instead of a divorce if
neither of those alternatives are affordable.
5. Social Security benefits
It’s important for divorcing couples to remember that you can collect your
ex-spouse’s
Social Security benefits. If your marriage lasted 10 years or
more and you're 62 or older, you can collect retirement benefits on your former
spouse's Social Security record (if you’re unmarried), and it won’t impact your
former spouse's benefits, Dorrell says.
You may be eligible to draw benefits of up
to 50% of your former spouse's benefit. Check out the Social Security
Administration’s website for more information about filing for benefits if you’re divorced.
* * *
[This article has
been slightly shortened. To read the full piece go to Divorce After 50.]
Peace ~
Linda