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Getting Divorced Later In Life? We Can Help.

Although the overall divorce rate in the United States has leveled off, divorce rates continue to climb among one population: Individuals aged 50 and older. This is sometimes referred to as "gray divorce."

In some ways, it is easier to get divorced later in life. There are usually no child custody matters to deal with and each spouse tends to be more financially secure than they were in their 20s and 30s. But there are some significant risks and challenges associated with late-life divorce, including and especially the risks to your retirement savings.

Splitting Retirement Assets Close To Retirement

You and your spouse have likely been saving for retirement since you first began working in early adulthood. And by this point, your nest egg may be almost large enough for the two of you to retire comfortably as a couple. But the fact is that it costs more to live as two single people than as married spouses.

By splitting the retirement assets in half, each of you will have less of a cushion, and fewer working years left to make up the difference. Therefore, it is crucial to get through the divorce process as efficiently and amicably as possible. You cannot afford to expend extra resources on protracted, avoidable litigation.

How Our Firm Can Help

Saving money through efficiency: At Denny Kershek Family Law Attorney, we are able to help clients settle their divorce case about 80 to 90 percent of the time. When possible, we encourage clients to forgo litigation in favor of mediation, binding arbitration and other forms of alternative dispute resolution. We may set up voluntary settlement conferences with opposing counsel to work out the details of the divorce quickly and efficiently.

Avoiding taxes and penalties: We will also focus on dividing your retirement assets properly and in accordance with California law to ensure that you won't face financial penalties or hefty tax burdens. Dividing retirement assets usually requires a qualified domestic relations order (QDRO), which our attorneys specialize in drafting and preparing.

Addressing spousal support: Divorce after 20 years of marriage is more likely to warrant spousal support than a marriage lasting only five years, for instance. The good news is that there are flexible options to make it less burdensome on the payer or more advantageous to the receiver (lump-sum payments, limited duration, etc.). If spousal support is necessary, we will discuss all of these options with you to help you seek the best outcome in your particular case.

Division of assets: Due to our length of experience practicing law, we have compiled an experienced team to assist us in resolving all aspects of division of complex assets, including business evaluators, forensic accountants, retirement experts and retired judges who assist us in successful mediation of your case.

Contact Us For A Free Initial Consultation

Located in Poway, Denny Kershek Family Law Attorney offers free initial consultations to prospective clients in San Diego County and surrounding areas. To get your questions answered by a lawyer with more than 35 years of experience, call us at 619-908-1899 or send us an email.