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Elder Divorce

How Divorce Affects Retirement Benefits
Source: US News
Content Type: Online blog
This article is aimed for those who divorce earlier in life. It addresses the effect a divorce can have on retirement benefits. It also addresses how divorce affects Social Security.

Marriage at a Time of Mental Impairment: A Case with a Judicial Resolution
Source: HumaneHealthcare.com
Content Type: Case Description and Analysis
This paper reports an adjudicated case (in the Province of Ontario, Canada) of legal marriage at a time of mental impairment. This a typical case, will serve to illustrate the multiple impacts of legal marriage at a time of mental impairment. These include the impact on the persons' being married, their children, their finances and their estates. Many unwanted consequences flour from a permissive legal capacity to marry and this paper will examine how a marriage can be taken seriously at a time of mental decline.

Does a Guardian Have the Power to File a Divorce Petition? In Some States, Yes
Source: Fleming & Curti, PLC Newsletter - 2/28/11
Content Type: web page
Case law over whether a guardian has the right to file for divorce is still evolving. Currently in most states the answer is not clear whether this can be done or not. Some states have addressed the issue but most others remain statutorily silent. This article depicts an instance where a guardian sought a divorce for its ward at the legal results stemming firm it.

Elderly Prenuptial Agreements
Source: LiveStrong.com - The Lance Armstrong Foundation
Content Description: web article
This article gives a brief overview about what a prenuptial agreement is and what the elderly need to think about when drafting one. It discusses issues such as children's inheritance, estate planning and medical needs.

Divorce in the Golden Years: Estate Planning, Spousal Support, and Retirement Issues for Clients at Midlife and Beyond
Source: ABA Section of Family Law
Content Type: Book for purchase (list price $139.95)
Divorce in the Golden Years is a unique reference for the family lawyer that details how to handle the assets that a divorcing couple has accumulated while considering the special issues related to the age of the clients or the duration of their marriage. In the introduction, Leslie Ann Shaner, points out some of the challenges in these divorces and how to handle them. Not only are there financial complexities, many of these clients require additional time and attention to process the ramifications of these decisions. Lawyers must also be prepared for a higher incidence of death in these clients, and because of this it is important to focus on what will happen to a couple's assets upon one of the parties' deaths either during or after divorce. These situations are addressed throughout the book.

Should Grandma divorce Grandpa?
Source: MSN Money
Content Type: Online new article
Senior couples are splitting up in record numbers, and a Medicaid system that leaves one spouse in poverty as the other is dying may be a reason.

Late-Life Marriage Leads To Property Dispute in Divorce
Source: Fleming & Cutri
Content Type: Article
Older individuals often get married, of course, and sometimes face legal issues as a result of separation or divorce. The legal problems associated with the end of a late-life marriage are not necessarily different from those faced by younger divorcing couples.

When Silver and Golden Year Tarnish Divorce Involving the Older Client: The Key Issue, 2006
Source: American Bar Association
Content Type: Article
A discussion of legal issues facing older clients in divorce actions.