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Wexford Pennsylvania Family Law Blog

Divorce presents unique challenges for those above 50

The rate of marital dissolution today is relatively high for individuals under age 50. However, the rate of divorce for people over age 50 has doubled since the early 1990s. Although divorce in Pennsylvania can certainly be tough both financially and emotionally at any age, those who are going through divorce later in life face unique challenges compared with their younger counterparts.

For instance, when people get divorced at older ages, they have typically amassed more assets. Splitting this property can be tough even in the most amicable of divorces, as the two parties may not necessarily see eye to eye on how to split their assets in a fair manner. This can ultimately take both an emotional and a financial toll on the couple.

Divorce rate dropping due to millennials

Research shows that millennials in Pennsylvania and elsewhere -- those who are currently in their 20s -- are deciding to stay married. As a result, millennial marriages are lasting a lot longer than the marriages of previous generations did. This, in turn, is causing the national divorce rate to drop drastically.

According to a recent study, young adults today are not getting married as quickly as their predecessors did. During the years leading up to their wedding dates, they are getting their personal goals, career and finances in order. As a result, their relationships are oftentimes healthier than they would have been otherwise.

Divorce can be especially tough on men emotionally

The dissolution of a marriage can be not only financially but also emotionally difficult on both of the spouses going through it. However, research shows that divorce can be especially tough on men. Here are a couple of reasons why men in Pennsylvania and elsewhere may have a hard time navigating the divorce process.

A study recently indicated that men who are divorced are more vulnerable to strokes, heart disease and high blood pressure when compared with married men. In addition, divorced men have a 39 percent greater chance of taking part in risky behavior or even committing suicide. A major reason for this is that men often lose their identities while going through divorce, which, in turn, may cause them to lose their confidence.

Co-parenting after a child custody decision

Divorced couples who share co-parenting duties may struggle to maintain a healthy, productive dynamic and keep focus on the kids. In Pennsylvania, courts determine child custody based on a child’s best interest. This means that if you and a former spouse share legal and/or physical custody of the children, a productive partnership is necessary to prioritize the happiness and wellbeing of the kids.

For co-parents who struggle to maintain civility even in basic conversations, shared parenting duties can seem like insurmountable challenges. Despite the complications of your past relationship, parents need to set aside their own difficulties in favor of maintaining cooperation in co-parenting. To do so, consider some advice to keep focused on the task at hand.

Property division is handled equitably in Pennsylvania

Going through the dissolution of a marriage can no doubt be frustrating emotionally. However, it can also be overwhelming from a financial standpoint, especially when it comes to property division. Here are some tips for dealing with the splitting of marital property during a marital break-up in PA.

Laws concerning the splitting of marital assets vary from one state to the next. For instance, some states are known as community property states, meaning that the courts in these states split a couple's shared assets 50/50. Meanwhile, other states -- including Pennsylvania -- are known as equitable distribution states. In these states, a divorcing couple's jointly owned property does not need to be divided 50/50.

Planning for children's college important part of divorce

The dissolution of a marriage can easily throw a wrench in a person's retirement and savings plans. However, these are not the only long-term plans affected by divorce. It is critical that divorcing parents also work out how they plan to cover their children's college expenses in Pennsylvania.

The most ideal way in which to address college costs is for two divorcing spouses to reach their own agreement concerning the matter. In the agreement, it would behoove the couple to include clear language regarding their intentions. For instance, perhaps they both plan to contribute equally to a child's 529 plan.

Prenuptial agreement may offer protection in event of divorce

Many individuals in Pennsylvania enter marriage with the expectation that they will enjoy marital bliss for many years to come. Unfortunately, sometimes divorce is inevitable. For this reason, creating a prenuptial agreement may be a smart move for couples who are about to marry.

A prenuptial agreement allows an individual who is about to wed to protect him or herself financially in the event that a divorce occurs down the road. These types of agreements can designate particular future and current assets as separate -- or individually owned -- instead of marital property. This is significant in that marital property is subject to distribution during divorce, whereas separate property is not.

Divorce-a-phobes may make breaking up hard to do

Things are different today for couples who have decided to call it quits. Couples in Pennsylvania who wish to divorce will find the process much less complicated today, and there is less stigma attached to conscious uncoupling. Yet there are still some people who can be labeled divorce-a-phobes, and they don't miss a beat when it comes to shaming those who are divorced. But the culprit may actually be marriage.

Many experts say that the marriage bar is set so high that it is almost impossible to reach the height. So, when marriages fail, the couple may be judged and shamed for not being able to live up to the ideals espoused by many regarding marriage. Society tends to commend those who stick with it through thick and thin. Stay and suffer seems to be lauded in many instances, rather than cut loose and run.

Property division involving business venture can be challenging

Getting a divorce is never an easy process from a financial standpoint. However, dissolving a marriage can be particularly complicated when a business venture is at the center of a couple's property division dispute. Still, business owners who have prenuptial agreements in place may best protect their interests during the divorce process in Pennsylvania.

Prenuptial agreements are essentially contracts that spell out how a couple's assets will be split in the event that they get divorced in the future. These agreements must be created and signed prior to the wedding. A business owner who has a business partner may save his or her business during a potential divorce by producing a prenuptial agreement declaring that any pre-marital assets' appreciation will go to the partner during the divorce. The prenuptial agreement may also help to protect the business partner's stake in the company and keep the business owner's spouse from receiving a share.

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