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Gray Divorce

Fort Collins Gray Divorce Lawyer

After spending many years building a life together, the thought of divorce can feel overwhelming. You may be wondering what will happen to your retirement savings, your family home or the future you had planned. While these concerns are natural, you do not have to figure everything out on your own.

At the Law Offices of Shawn H. Smith, we help individuals navigate gray divorce in Fort Collins, Greeley and throughout Larimer and Weld counties. With over a decade of family law experience, attorney Shawn H. Smith understands the importance of protecting what you have worked hard to build. We take a compassionate, solutions-focused approach to help you move forward after divorce.

What Is Gray Divorce?

Gray divorce refers to divorce among adults aged 50 or older, often after decades of marriage. It has become more common as people reassess their relationships, goals and plans for retirement.

Unlike divorce earlier in life, gray divorce often involves dividing years of shared assets and savings. With retirement approaching or already underway, making thoughtful financial decisions becomes especially important.

Protecting Your Financial Future During Gray Divorce

You have spent years working toward financial stability. We can help you understand how divorce may affect your finances and explore ways to protect your future.

Dividing Retirement Accounts And Pensions

Retirement accounts are often among the most valuable assets in a long marriage. Asset division may involve:

  • 401(k)s and IRAs: Determining which funds are marital property and how to divide them.
  • Pensions: Evaluating retirement benefits earned during the marriage.
  • Colorado PERA benefits: Understanding the rules that apply to public employee retirement plans.

Some retirement accounts require a Qualified Domestic Relations Order (QDRO), while Colorado PERA uses its own Domestic Relations Order process. Tax consequences and timing also matter, which is why working with a financial advisor or CPA alongside your attorney can help you make informed decisions.

Spousal Maintenance After A Long Marriage

If you earned less than your spouse or spent years caring for your family, you may worry about supporting yourself after divorce. Higher-earning spouses may have questions about their financial obligations.

Colorado courts consider several factors when deciding spousal maintenance, including income, age, health and the length of the marriage. For marriages lasting more than 20 years, maintenance may continue for an extended period or indefinitely, depending on the circumstances.

Social Security And Health Insurance

Divorce can also affect benefits you may have counted on during retirement. If your marriage lasted at least 10 years, you may qualify for Social Security benefits based on your former spouse’s earnings, subject to eligibility requirements.

You may also lose health insurance coverage through your spouse. COBRA or an individual insurance plan may help bridge the gap until you become eligible for Medicare at 65.

What Happens To The Family Home?

Your home may hold decades of memories, which makes it one of the hardest assets to divide. You may want to stay, sell the property or buy out your spouse’s share.

Vacation homes and mountain properties can bring added questions about their value, taxes and upkeep. We can help you consider the financial implications of each option.

How Does Gray Divorce Work In Colorado?

Colorado is a no-fault divorce state. At least one spouse must have lived in the state for 91 days before filing. A divorce also cannot become final until at least 91 days after the court obtains jurisdiction over the other spouse.

Many couples prefer mediation to work through disagreements privately. However, when you cannot reach an agreement, litigation may be necessary to protect your interests.

Move Forward With A Fort Collins Gray Divorce Attorney

Ending a long marriage is a major life change, but it can also be the beginning of a new chapter. You deserve guidance that respects your concerns, protects your interests and helps you build a better future.

Call us at 970-387-6858 or contact our firm online to schedule a free consultation.