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Does a spouse’s age impact how divorce proceedings go?

On Behalf of | Dec 16, 2019 | divorce |

A common question that divorce attorneys are asked by spouses when either one or both are of advanced age is what impact that factor may have on how their divorce proceedings will go. The truth is that age can impact many different aspects of your Kentucky case from how child custody and support are handled to how alimony awards are made and how property division matters are settled.

Louisville family law judges are likely to take into account each parent’s age when making decisions about visitation and child custody. The court will probably want to know about whether each parent is healthy enough to be able to care for their child’s needs if they’re sent to reside with them.

Age is bound to play a role in a Kentucky judge’s decision making when called they’re called upon to settle spousal or child support matters as well.

The court may have difficulty ordering an older spouse who is on a fixed income to make hefty alimony of child support payments to their ex, especially if their ex appears to be of able body and mind to go out and find a job to pay for their expenses. The court is unlikely to allow decisions to be rendered that leave an elderly spouse unable to afford their basic needs, especially as they age.

Family law judges are also likely to take into account each spouse’s age when dividing up property among them as part of the divorce. The court may decide that one spouse should retain a special collection, the marital home or some other type of valuable asset instead of dividing up a retirement plan. If a judge does order that a couple splits up a pension, then they may request that the couple pursues mediation to see if they can work out any alternatives before doing so.

While being of advanced age is something that you’d think would work in your favor when a judge is entering different decisions regarding your divorce, they may weigh other factors more heavily than that one. If this happens, then you may end up with a very unfair resolution in your case. A divorce attorney can help you justify why age matters in the handling of your legal matter and make sure that your reasoning remains at the forefront of the judge’s mind in your case.