Divorce is one of the things that have become rampant in these changing times and it not only concerns young people but also the elderly.  It’s possible an elderly couple who has been trying to keep things together has finally reached breaking point and would like to get a divorce.  When their children have already grown and moved out of the house years ago, the focus of divorce when elderly parties are involved is asset division.

Even with disputes over who gets custody of the kids aren’t concerned, issues with spousal support, property, family gifts, taxes and the like still come into play.  Another difference is that elder couples who want to get a divorce have little urgency with the divorce process.  There are some cases as well where elderly couples resort to divorce as a way to get benefits from insurance coverage like Medicaid.  If this is the only reason for the divorce, a good elder law specialist will be able to help you and your partner find a solution for getting insurance benefits, if not without getting a divorce, establishing eligibility for getting Medicaid benefits.

Another factor that could make divorce between elderly couples more complex is the prospect of the healthier spouse leaving a sicker partner.  The children might have qualms about who will be left with the caretaking duties.  With regard to estate planning, divorce might affect whatever steps you and your spouse have taken in the past to protect your property from people like creditors or tax collectors.  You might end up losing it to all to your spouse in a divorce.

These are very special cases that only a lawyer skilled in elder law can sort out.  Regardless if you want divorce proceedings expedited or have a specific part of the assets awarded to you, the divorce elder law specialists in this firm can help you.