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Many older couples live in West Village, and the area is one of New York City’s most affluent neighborhoods. Divorce can be a challenging process, especially for those who own substantial assets, and it can present even greater challenges later in life. A “gray” divorce can present various complex legal questions that only an experienced West Village gray divorce lawyer can answer.
The Levoritz Law Firm has an extensive record of successful divorce counsel in West Village, and we are confident we can provide the compassionate and results-driven representation you need for your gray divorce. These can be complex cases, and our team knows that sophisticated problems require sophisticated solutions. Once you hire a gray divorce lawyer at the Levoritz Law Firm, you will have experienced legal counsel on your side through all of your proceedings.
As of 2023, the divorce rate in New York was about 2.4 per 1,000 residents. Most divorce petitions in New York are filed on a no-fault basis on the grounds of “irreconcilable differences,” meaning the marriage has broken down beyond the point of possible reconciliation. A recent study from Bowling Green University shows that the average age at a first divorce in the US has been steadily climbing in recent years:
Generally, a “gray” divorce is any divorce over the age of 50. A couple may decide to end their marriage at this stage of life after growing apart, due to conflicting ideals, changing interests, and many other possible issues. Whatever the underlying cause of your divorce may be, it is crucial to understand what the divorce process entails and the value of having an experienced West Village gray divorce attorney on your side.
Ending a marriage in West Village often requires addressing several complex legal issues, including child custody, child support, spousal support, and property division. An older couple facing gray divorce may not need to worry about child custody or child support if their children are already adults, but property division and spousal support can be contentious issues in these cases.
New York follows an equitable distribution rule for property division in divorce, which seeks the fairest possible division of marital assets. Each spouse is allowed to keep separate property, such as things they owned prior to marriage, gifts that were given to them, and inheritance from parents and other blood relatives. Everything else the couple owns likely qualifies as the marital estate and would be subject to equitable distribution in divorce.
During the property division process in West Village, there could be conflicts regarding separate property claims. If one of the spouses owned something prior to marriage, this typically qualifies as separate property in divorce. However, if separate property was commingled with marital property during the marriage, then it may no longer count as separate property. Over a long marriage, some commingling is expected, so resolving property division in these divorce cases can be difficult.
A gray divorce may also require dividing retirement accounts, and each of the divorcing spouses may be concerned with health insurance coverage, Social Security, and other benefits they expect to receive in their later years. Your West Village gray divorce lawyer at the Levoritz Law Firm can help you understand the financial implications of divorcing later in life, so reach out to our firm as soon as possible to learn how we can help with your case.
Yes, it matters who files for divorce in West Village. While being the filing party in the New York County Family Court does not provide any direct legal advantage or position the filing party as the “victim” in a no-fault divorce, it does force the other party to respond. The Levoritz Law Firm leverages strategic filings to provide our client with as many advantages in divorce litigation as possible.
Yes, it is possible to file for a fault-based divorce in New York under various conditions, including adultery, abandonment, cruelty, or if a spouse has been incarcerated for a long time after committing a crime. While fault will very rarely influence the outcome of property division in a New York divorce, a spouse’s behavior can potentially diminish spousal support and, in extreme cases, lead to criminal charges or civil claims for damages.
In West Village, spousal support is determined based on the difference in assets between the divorcing spouses and how long the marriage lasted. If one of the divorcing spouses has been financially dependent on the other for many years, they may qualify to receive spousal support as an element of their divorce agreement. Your West Village gray divorce lawyer can help you reach the fairest possible terms for this element of your divorce case.
You should hire a gray divorce lawyer so you have legal counsel who understands the unique issues you face in your divorce proceedings at this stage of your life. The right attorney can address complex financial disputes, help you complete the financial disclosure process, and assist you with making informed decisions about your financial future after completing your divorce.
The Levoritz Law Firm has successfully resolved many divorce cases in West Village, and we understand the legal challenges you are likely to face in your upcoming gray divorce. Whether you and your spouse have made the mutual decision to divorce or one of you has filed a divorce petition, contact us today to schedule a consultation with an experienced West Village gray divorce lawyer. We look forward to representing you.
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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