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Going through a divorce after many years or decades of marriage can be an emotional and legally complex ordeal. Spouses in their 50s or later decades have often amassed a large marital estate that must be divided according to state laws. Suffolk County gray divorce lawyer understands the complexities of these types of cases and how to protect their clients’ interests and rights. Their work can make sure you have the resources to rebuild with confidence.
When everything you’ve built is on the line, you need representation that gets results. The Levoritz Law Firm represents clients in high-value divorces that involve complex assets and multiple properties. We understand the challenges of dividing large estates and can focus on protecting your property rights and other priorities.
Setting our law firm apart is our focus on delivering client-focused services. Our award-winning attorneys are skilled litigators who bring decades of combined experience. Awards and recognition are not guarantees of future results.
We are willing to file first when needed, and we are not afraid to pursue litigation when it serves the interests of our clients. We understand that each situation is unique and requires us to counsel our clients in a manner that serves them. Our team never applies a one-size-fits-all approach. Trust our family law team to take the time to learn about your situation and goals before tailoring the right approach to furthering your interests in court.
Gray divorce is not a formal legal term, but it does describe a unique type of family court case involving divorcing spouses in their 50s or later years. The distinction matters because couples in that age demographic have often amassed a large marital estate. Around 19% of Suffolk County’s residents are 65 and older, and the average divorce rate in the state is around 2.4 per 1,000 residents in a typical year.
These cases are generally handled at the Suffolk County Supreme Court, which is located at 400 Carleton Avenue in Central Islip. Divorces involving seniors are handled under the same laws and guidelines that govern all divorces. Property division is governed by the state’s equitable distribution laws, while spousal support is based on state guidelines.
Older couples often face unique challenges in court. Whether your home is located in Huntington, Smithtown, Brookhaven, or elsewhere in Suffolk County, accounting for all marital and separate property can be a daunting undertaking. The average home value in the county is $716,259, and the courts require a full accounting of the marital estate. Any major errors or oversights could delay the divorce process.
Divorcing couples can also face disputes over spousal support. While short-term marriages rarely qualify for alimony, the courts may include an order of support in the final gray divorce court order. Any party seeking spousal support would need to present evidence supporting that request. Common factors that a judge can weigh include how long the marriage lasted, the earning capacity of each spouse, and their relative ages.
Gray divorces are surprisingly common, and they happen for a variety of reasons. Longer life expectancies, changing financial situations, and evolving family dynamics can reshape later stages of life. When a gray divorce is filed in Suffolk County’s Supreme Court in Central Islip, cases typically involve property division and considerations of retirement accounts, spousal maintenance, and other domestic relations matters.
One of the more common reasons couples divorce later in life is due to empty nest syndrome. After children leave home, some spouses realize that they have grown apart over the decades. While they may have shared similar interests and goals earlier in life, changes in roles and responsibilities can reshape their priorities. Without the immediate responsibilities of raising a family, long-standing relationship issues may become more apparent.
Another issue could involve retirement misalignment. One spouse may dream of traveling extensively, purchasing a second home, or moving to a warmer climate. Others may prefer remaining close to children and familiar communities in neighborhoods like Commack, Sayville, or Stony Brook. Couples living in retirement communities or planning to downsize may disagree on how to spend retirement.
Female spouses have gained significant financial independence in recent decades, and spouses with significant resources may find that they have the means to support themselves after divorce. As a result, individuals may feel more confident leaving marriages that are no longer meeting their emotional or personal needs.
Second and third marriages often present unique challenges. Blended families, separate property, inheritances, adult children, and estate planning concerns can create additional financial and emotional complexities. Because remarriages historically experience higher divorce rates than first marriages, older couples may face difficult decisions later in life.
For many couples divorcing later in life, financial concerns often focus on maintaining health insurance coverage. A spouse who has been covered under the other spouse’s employer-sponsored health plan generally loses eligibility once the divorce is finalized. For someone in their late 50s or early 60s who is not yet eligible for Medicare, this can create a significant coverage gap that should be addressed during divorce negotiations.
One option is COBRA continuation coverage. Under federal law, a former spouse who loses employer-sponsored health insurance because of divorce may generally continue participating in the same group health plan for up to 36 months, provided they timely elect coverage and pay the required premiums. Although COBRA allows individuals to maintain their existing doctors and benefits, the former spouse is often responsible for the full premium, making coverage substantially more expensive than it was during the marriage.
Because health insurance costs can be high, they are often considered during negotiations over property division. In some cases, spouses may agree that one party will help pay COBRA premiums or that anticipated healthcare expenses can be factored into alimony. Individuals approaching age 65 should also consider how the timing of their divorce may affect their transition to Medicare and whether they qualify for other insurance options through an employer.
Prior planning is essential in these matters. Before a divorce can be finalized, parties should have a clear understanding of how existing coverage will end and what options are available for replacement. An experienced divorce attorney in Suffolk County can help you navigate these and other possible challenges.
Either party in a divorce can request spousal support, also known as spousal maintenance, and a family court judge may review the evidence and legal arguments before deciding. Maintenance is not awarded automatically in every divorce, but it is more common in cases where one spouse earns significantly more than the other or where one party has difficulty becoming self-sufficient after the marriage ends.
New York law distinguishes between temporary maintenance, which may be awarded while the divorce is pending, and post-divorce maintenance, which begins after the divorce is finalized.
The courts use statutory formulas as a starting point when calculating maintenance, but judges may adjust the final amount after reviewing the evidence.
They may weigh factors such as the duration of the marriage, each party’s income, age, health, future financial needs, and the standard of living each spouse established during the marriage. For high-net-worth couples, determining maintenance can be complex. Executive bonuses, deferred compensation, stock options, business ownership interests, and other sources of income, both traditional and non-traditional, may affect the calculation.
A family court judge may also consider whether one spouse sacrificed career opportunities to support the family. These cases can be complex, and there are no guaranteed outcomes. For couples going through a gray divorce, the long-term financial consequences of a judge’s rulings can be significant.
Retirement accounts are often one of the most valuable assets involved in a gray divorce. When couples have been married for decades, the outcome of property division often focuses on 401(k) plans, pensions, IRAs, 403(b) plans, deferred compensation accounts, and other retirement benefits that may be subject to equitable distribution under state law.
The courts generally distinguish between retirement benefits that were earned before the marriage and assets that accumulated during the marriage. Contributions made during the marriage, along with related investment growth, are often considered marital property, while benefits earned before the marriage may remain separate property if they were not commingled. Establishing clear classifications requires documentation.
Employer-sponsored retirement plans frequently require a Qualified Domestic Relations Order (QDRO) before benefits can be divided between spouses. A properly prepared QDRO allows retirement assets to be transferred in accordance with the divorce judgment without triggering early withdrawal penalties that might otherwise apply.
Retirement planning should also account for future tax consequences, beneficiary designations, Social Security eligibility, and healthcare costs, particularly in gray divorces.
If you are going through a divorce in Suffolk County, your top priority should be to hire a gray divorce lawyer who understands your needs. Not all lawyers represent clients in gray divorce cases. By working with an attorney who understands gray divorce laws, you can position yourself in court to secure an outcome that protects your rights and safeguards your interests.
Gray divorce attorneys in Suffolk County can review your case, explain your rights and options, and tailor the right strategy to your case. Then, they can take decisive action based on your goals so you remain one step ahead of your spouse throughout the court process. During a difficult time, their unwavering support can provide you with the encouragement you need to see your case through.
At The Levoritz Law Firm, our team recognizes the difficulties you face in your divorce. With our help, you can confidently navigate the legal road ahead.
Your wife cannot unilaterally take your retirement in a divorce in Suffolk County, although she may be lawfully entitled to an equitable portion of that account. Marital property includes things that were acquired during the marriage. If only a portion of the retirement accrued value during the marriage, an attorney can help you account for those and other assets. Separate property is not subject to division during a divorce.
In Suffolk County, separate property cannot be touched during a divorce. These types of assets include gifts, inheritances, and anything that was brought into the marriage. Separate property is transferable. One example would be a car that was owned before marriage. Any proceeds from the sale of that car would also be separate property and, as such, would not be subject to division during a divorce.
There is no single worst age for divorce, although there are unique factors that can play a role in divorces involving a large estate or spouses who are 50 and over. As you enter different stages of life, your priorities during a divorce may change. Younger parents may focus on custody rights, while older spouses may be more concerned with protecting their estate and what they have built over years or decades.
You can prepare for a gray divorce by gathering financial documents and working with an experienced Suffolk County Gray Divorce attorney to learn about your options and the potential challenges you may face in court. Even if you have not decided to file for divorce, your lawyer can help you understand the divorce process and the potential strategies that can protect your most valued assets.
Going through a divorce later in life can pose unique challenges that require focused representation from an attorney who understands what you are going through. When you work with the legal team at The Levoritz Law Firm, you benefit from our years of dedicated service to spouses going through a gray divorce. With our knowledge and experience on your side, you can confidently move forward.
While other law firms focus on moving cases, we take the time to learn about our clients’ needs and priorities so we can formulate the right strategy to help protect what matters most. From the moment you secure representation from our firm, you will be connected to one of our lead attorneys. They can take a hands-on approach to managing your case. Contact our office today to learn how we can help you manage your divorce with confidence and clarity.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Yonatan Levoritz who has more than 20 years of legal experience as a divorce & family attorney.
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