Experienced, Inclusive And Accessible Support For Gray Divorces

Not every marriage lasts. You and your spouse can grow and change over the years, and sometimes, that means going your separate ways.

If you and your spouse are divorcing after decades of marriage, attorney Daniel R. Hernandez and his seasoned and compassionate legal team can offer the support you need. They understand the unique complications that can come with a gray divorce. They are here to provide you with cost-effective and inclusive legal representation.

The Chicago Lawyers At NextLevel Law, P.C., Handle Gray Divorces For All Couples

As the proud LGBTQ+ owner of his firm, Daniel offers valuable representation to all couples, including those in same-sex marriages. He and his team understand the distinct challenges of property division, child custody, insurance loss and more. They also know that you and your spouse may have been legally married for much less time than you’ve been together. Daniel and his team are in a unique position in that they thoroughly understand the nuances and complexities that can arise when you transition from a civil union to a marriage, and they can help you maneuver and address how these matters could impact your divorce.

Common Challenges That Can Come With Divorce Over Age 50

Here are a few common issues that you might run into, followed by how our team can help you address them:

• Untangling a lifetime of assets: Chances are that you have bank accounts, a home, cars, investment and retirement accounts, and, potentially, a pension. The longer you’re together, the more difficult it can be to identify what’s “yours, mine and ours.” Our team can help you thoroughly dig through everything you have to make those determinations and promote your best interests amid property division negotiations. They can also help you determine whether family heirlooms are subject to division.
• Determining who gets the home: This can be one of the most emotional and challenging issues to address in a gray divorce. Chances are that you’ve both lived in your family home for a long time and have invested considerable time and effort into making your house a home. We can work with you to determine the most appropriate option. Our legal team can advise you on whether it makes sense to stay or move out of the home, and they can help you advocate for your fair share of equity in the property.
• Social Security complications: Sometimes, you or your spouse may still be eligible for some of the other’s Social Security benefits. This can depend on a lot of factors. We can help you determine if you are eligible to receive a percentage of your spouse’s Social Security benefits and protect your best interests if your spouse attempts to get your share of them.

A gray divorce can be an emotionally and financially tumultuous chapter of your life. Having the right lawyer by your side is crucial when navigating these uncertain waters. Call us at 312-530-8002 to learn more about what he can do to help your case – we are happy to speak with you.

Frequently Asked Questions About Grey Divorce In Illinois

There are a lot of complex issues that have to be considered in divorce, especially in long-term marriages. Here are some of the concerns the firm hears most often:

Can I receive my spouse’s Social Security benefits if we divorce?

If you are age 62 or older, divorced from someone who is entitled to Social Security retirement or disability benefits and you have not remarried, you may be eligible to receive benefits on their earnings record – so long as your marriage lasted 10 years or longer. If you are entitled to benefits on your own record as well, you will receive whichever benefit is higher. If you have been divorced for at least two years, you may apply for benefits on your eligible spouse’s record even if they have not yet retired. You may also qualify for widow’s or widower’s benefits on a divorced spouse’s record under similar conditions.

It’s important to understand that these benefits are an entitlement, and they do not affect the amount your former spouse (and their current spouse, if they have one) will receive.

Are divorcing spouses in Illinois ever entitled to lifetime alimony?

In cases where the marriage lasted 20 years or more, or you have a significant disability that prevents you from being self-sufficient, the court may order “indefinite” spousal maintenance. Even though indefinite or “permanent” spousal maintenance has no scheduled end date, it can still be terminated if you remarry, cohabit with another in a marital-like relationship or the payor becomes disabled.

Can you divorce your spouse if they have dementia in Illinois?

As difficult as it may be, divorce is an option if your spouse has dementia. In some cases, it may be the only reasonable solution, especially if your spouse has to be confined to a residential living facility for their safety and yours. Your divorce may be more complicated, however, since your spouse may need to have a guardian appointed to act on their behalf throughout the divorce process, and they are still entitled to their fair share of the marital estate, regardless of their condition.

Move On From Your Marriage At A Rate That You Can Afford

Unsurprisingly, divorces, especially gray ones, can be expensive. However, at NextLevel Law, P.C. we believe that you shouldn’t have to go broke while embarking on a new chapter of your life. Our clear communication and practices, as well as our inclusive approach to family law, can help you find your way out of an emotionally difficult situation.

You can learn more about NextLevel Law, P.C.’s affordable payment options and schedule an initial consultation with our legal team. Call 312-530-8002 or email us to get started.

The firm’s lawyers accept cases throughout Chicago and across Cook County.