Divorcing after 50 can mean a whole host of issues which younger individuals may not face, at least not to the same degree. For instance, when your past 50 you may have already accrued the bulk of your retirement or all of your retirement. If your retirement is cut in half and you are unable to sustain yourself, you might be less capable of recovering financially or in some cases you might not be capable of going back to work at all due to disability or old age. Additionally, if you are a spouse who didn’t work much during the marriage and relied on the other partner for the financial support in the marriage, it may prove difficult to enter the job market at an older age with little prior experience. For these, and many other reasons, older couples often choose to continue living together in the marriage simply out of economic necessity. Others simply can’t make that work or don’t want to and choose to divorce.

Other issues unique to older couples divorcing may include a long term business, social security, health insurance, and even end of life care. If you are over 50 years old and considering divorce, call our law firm anytime to find out more information on what issues you may be facing. An Ogden Divorce Attorney at our office is ready and willing to answer your questions.

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“(k) Extended parent-time with the noncustodial parent may be:

            (i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;

            (ii) two weeks shall be uninterrupted time for the noncustodial parent; and

            (iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.

            (l) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.

            (m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days prior to the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.”

Most importantly you should have noticed reading through the cited statute above the requirement for each parent to provide the other with 30 days notice of their intended summer parent time. Many parents fail to provide this kind of notice which then sets off a string of contention and potential litigation. We recommend sending notice in writing well in advance of the 30 days required. Both parents should be accommodating. Every now and again we see problems where both parents want the same 2 week stretch for a summer vacation. Try and work problems like this out before seeking legal counsel, but, if the other parent is just not willing to work with you, give us a call for help.

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The Process of Obtaining Temporary Separation Orders

Even if you and your spouse agree on your separation terms, you should still seek the assistance of an Ogden Utah Divorce Lawyer. Unlike an uncontested divorce in Utah, there is not an easy online system for parties to obtain temporary separation orders in Utah. The action is commenced by the filing of a petition which must include a few specific statutory terms. The case must then proceed to a judge’s final order either by agreement of the parties or by contested litigation. The process may sounds simple but unless you have experience in this area, you may find yourself caught up not knowing how to get it done. The Utah Court’s website suggests clients hire attorneys to file this action.

Potential Effect of Temporary Separation Orders

One thing to consider before pursuing a temporary separation order is the effect of putting in place a status quo. Let me explain this in a little more detail. Say for instance you decide your spouse will have primary custody of the children and temporary possession of the marital home while you are separated. Things later go badly and the separation turns into a divorce but you decide you no longer like the current arrangements. You may have an uphill battle to change the prior agreed terms. This is because the status quo is an important principle for the judges to consider. If the children are well adjusted to a particular custody arrangement that has been in place for some time during separation, it might be unlikely the judge will want to upset that. Thus, before you do anything make sure you consult with a member of our team to understand all the potential side effects of your decisions.

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Obamacare and Health Insurance

One of the unintended consequences of the Affordable Care Act (Obamacare) is that many, if not all, couples who use to be facing the conundrum of wanting to be divorced but needing to stay married for the insurance, will not have to worry about losing coverage. You see, a spouse being dropped off a policy should now qualify for subsidies insurance on his/her own and cannot be turned away for preexisting conditions. Therefore, the result will be more people will likely be getting divorced. That is, less people will be staying together in a marriage solely for health insurance.

Speaking with a Lawyer

If you are considering legal separation, divorce, or any other legal action against a spouse, an Ogden Divorce Lawyer at our firm can help. We can also help you explore new health insurance options and point you in the right direction to make your divorce transition as smooth as possible.

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