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Texas Divorce and Prenuptial Agreement

5005 Riverway Drive, Suite 450 • Houston, Texas 77056

Phone: 713-877-8800 • Fax: 713-877-1229

Increasing Divorce Rates for Baby Boomers Cause Problems

On Wednesday we talked about marriage trends amongst Americans entering into adulthood. More and more are afraid of marrying due to a fear of a divorce. They are putting marriage off until they are older, and some adults – the largest number ever in the country – are avoiding marriage altogether. While these findings may reflect current and future trends, Baby Boomers are facing a different situation – higher than average divorce rates.

Marriage and divorce rates have declined in general, but those between the ages of 50 and 64 have experienced an increase in divorces. Their divorce numbers almost doubled between 1990 and 2009. Divorce after 50 used to be a rarity, but it is increasingly become commonplace as Baby Boomers transition into retirement.

Divorce at this age can be devastating on every front. It can cause financial difficulties for spouses who may have to look for a new job for the first time in years. Employment prospects are poor for everyone right now, so a person who has not upgraded his or her skills in recent times faces particularly daunting prospects. Additionally, in Texas, for example, spousal support is only temporary – it can last three years at max.

Divorce after 50 can be emotionally devastating as well. As a couple splits, spouses may lose contact with friends they had while they were married. Some may also find it difficult adjusting to being independent for the first time in years.

Baby Boomers and couples marrying for the second or third time would be well advised to consider what it would mean if they divorce. The financial and emotional consequences as well as the impact of a divorce on children from a previous marriage or on an inheritance are serious and important considerations. Marital agreements – either a prenup or a postnuptial agreement – are one way couples can mitigate the impact of an after-50 divorce. What advice would you give for others who divorce as they near retirement?

John K. Grubb & Associates, P.C. – Houston divorce attorneys

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