Hartley Law Office, LLC

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Does a later in life divorce mean I will have to pay alimony?

Readers of this Ohio family law blog are reminded that individual divorce cases are influenced by their own specific facts and circumstances. Because of this it is not possible to provide specific case guidance on the question posed in this post or any other legal matter through this format. As such readers who review the contents of this article are reminded that it provides information only and not legal advice.

A later in life divorce, sometimes called a gray divorce, occurs when the parties are in or near their years of retirement. Although individuals can choose to marry at any age, often the parties to gray divorces have been spouses for decades. Due to the longevity of their marriages, gray divorcees may have stopped working years earlier in their lives in order to support their spouses, their shared children and their homes.

While engaging in a gray divorce does not automatically mean that one of the parties will have to pay the other spousal support, it can suggest that one of the parties is dependent on the other for their financial subsistence. Financial dependency, the length of a marriage and the capacity of a nonworking spouse to reenter the workforce are all factors that may weigh in a court's determination of the appropriateness of spousal support.

An award of alimony to a party in a gray divorce may not be unexpected if the recipient spouse would not be able to financially care for themselves after their marriage ends. Gray divorcees are encouraged to discuss their financial concerns and options for seeking spousal support when they consult with their family law attorneys.

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