Maricopa County Family Law Blog

Couples in Maricopa County who have been married for decades might be more likely to get a divorce than younger couples who have only been together for a few years. Divorce is on the rise for people who are 55 and older, and for people 65 and older, the divorce rate is more than two times higher than it was in 1990. These marriages may be ending in part because of a shift toward the idea that divorce is more acceptable, particularly as people are living longer lives.

However, it is important at this time that both individuals take steps to protect their finances. For example, calculating income for the purposes of alimony may be more complex as people advance in their careers because they may also acquire stock options, travel benefits, executive compensation packages and more that need to be included. For the purposes of property division, in a community property state like Arizona, most assets acquired after marriage are considered to be shared property that should be equally divided in a divorce.

When Maricopa County couples decide to end their marriage, finances are often a significant concern. Even when a couple is relatively financially stable, divorcing can create a shortfall that can be difficult to recover from. Many experts believe that careful planning before, during and after the divorce can minimize the negative impact that the end of a marriage can have on the financial health of both parties.

Each spouse should begin working on a post-divorce budget as soon as possible. This budget can help them to understand what they can expect financially, at least for the first year or two after the split. The budget should also reflect the cost of the divorce itself, including lawyer and court fees. In addition, divorces often involve one or both parties moving out of the couple's home, so the cost of relocation, including moving services and security deposits, should be considered.

Divorcing parents in Maricopa County often have a challenging time adapting to a new co-parenting relationship. As children move back and forth between parents' homes, some of the changes and disruption can be mitigated by the continuity of their educational schedules. When the summer months come around, co-parenting can require new adjustments so that children continue to enjoy a relaxed, fun summer without unnecessary tension between their parents.

In the first place, communication is nearly always important to successful co-parenting after divorce. The same is true during the summer. The earlier in advance that each parent can communicate about changes to the parenting schedule, vacations or other plans, the greater the likelihood of a successful summer. In addition, a shared online or visual calendar posted in both homes can be important to ensure that planning takes all of a child's time and plans into account. Disputes over co-parenting issues can be emotionally taxing, but it is also important that the children do not feel as if they need to choose sides against one parent. Absent a situation of neglect or abuse, each parent should be doing everything they can to encourage a positive relationship with the other parent.

When married couples in Arizona split up, Social Security benefits will not necessarily be immediately impacted. If an individual who is at least 62 years old was married for 10 years or more, they may be able to collect benefits on an ex's record as long as they are also unmarried. Their ex must also be entitled to benefits, and those benefits must be more than what they would be entitled to receive.

As long as a former spouse is at full retirement age, they may be entitled to half of their ex-spouse's full Social Security benefits. This amount is adjusted accordingly if a former spouse opts to collect at the minimum age of 62. Even if an ex hasn't applied for benefits, their former spouse may still collect if they've been divorced for at least two years.