How to File a Divorce After 20 Years of Marriage?

Patrick Crawford | October 10, 2024

Filing a divorce after 20 years of marriage can be complex and emotionally taxing, as you’ve spent decades building a life with someone. The legal aspects of dividing assets, handling alimony, and adjusting to life post-divorce require careful planning. At the Law Office of Patrick Crawford, we help Annapolis residents face the intricate details of annulment law. If you’re considering filing for separation after a long-term marriage, this guide will provide valuable insights into the procedure and what to expect.

What Are the Main Reasons for Divorce?

Long-term marriages often face different pressures than younger couples. According to research, several key factors have contributed to the rise in “gray divorces”—a term used to describe marital split among older couples who have been married for 20 years or more. These include:

• Emotional and personal changes: Over the years, couples have grown apart as they evolve individually. As emotional distance states, retirement can also lead to a mismatch in expectations for how to spend the later years of life. A shift in priorities, especially after children have left home, is a leading cause of gray divorce.
• Financial disputes: Long-lasting unions often accumulate substantial wealth, but financial disagreements or mismanagement can drive couples apart. The People’s Law Library of Maryland emphasizes that dividing assets fairly, especially after a long relationship, is one of the most critical aspects of the process.
• Increased life expectancy: As people live longer, many seek new experiences or relationships, leading to later-in-life divorces.

These factors show that while many couples once chose to “stick it out” for societal reasons, they are increasingly deciding on dissolution as an option for personal fulfillment.

What Are the Common Scenarios Faced During Divorce?

In divorces after 20 years, couples typically encounter different challenges than those parting ways after only a few years of marriage. One notable difference is the absence of child custody issues, as children are often adults by this time. However, other financial and legal considerations come to the forefront:

Alimony (Spousal Support)

Alimony is often a significant issue in enduring marriages, especially if one spouse earned substantially more than the other or if one spouse stayed home to raise the children. Maryland courts consider the duration of the marriage, the financial needs of the spouse, and the ability to maintain a similar standard of living after the divorce when determining alimony awards. In many cases, one spouse may be granted permanent alimony to sustain their standard of living after the divorce, especially in marriages that lasted over ten years.

Asset Division

Couples, in these terms, typically share substantial assets, such as homes, retirement accounts, and investment portfolios. Maryland follows equitable distribution laws, meaning that while the division of property may not always be equal, it will be fair. Special considerations are made for pensions and retirement accounts accrued over the marriage. It’s critical to ensure that all assets are fully disclosed, properly valued, and divided accordingly. The People’s Law Library of Maryland provides more details on asset division.

For example, retirement benefits like pensions or 401(k) plans can be subject to division through a Qualified Domestic Relations Order (QDRO). This ensures that each party receives a fair portion of the retirement assets without facing tax penalties.

Impact of Retirement

Retirement can significantly influence divorces after 20 years. Many couples find that spending more time together during this phase increases stress on the relationship, especially if there are pre-existing emotional or financial strains. Additionally, the reduction in household income often associated with retiring can exacerbate financial disagreements, further complicating the divorce process.

Should I Get a Lawyer for My Divorce?

Hiring an attorney is highly recommended, as the legal, financial, and emotional aspects involved require expertise and careful negotiation. Here are a few reasons why working with a lawyer might be preferred:

• Navigating complex asset division: Dividing shared wealth like retirement accounts and property can be complicated after a long marriage. A skilled divorce attorney ensures that these assets are fairly divided under Maryland’s equitable distribution laws.
• Alimony disputes: Are often an issue when one spouse is financially dependent. Having competent representation can safeguard your interests and work towards achieving a fair outcome.
• Legal requirements: Maryland separations require following specific legal steps, such as one year for no-fault divorces. Legal assistance ensures that all necessary documents are correctly submitted and deadlines are met for these cases.

At the Law Office of Patrick Crawford, we specialize in guiding individuals through the intricate regulatory challenges of long-term divorce. Whether you are concerned about alimony or asset division or simply need counsel through the legal process, we can help you achieve a just resolution. Contact us today to schedule a consultation.