19th Oct 25 8:32 am
JamieDivorce appeals are a complicated facet of divorce law, and they are often made even more complex with the added nuance of senior marriages. Senior divorces have become increasingly common in recent years, according to the American Psychological Association. The rate of divorces between 20 and 30 has declined, but the rate of divorces over age 50 has increased. Gray divorce, as this phenomenon is often called, is becoming a much more prevalent issue in senior marriages and the legal field of divorce. This shift has called for a much greater number of attorneys and legal professionals to equip themselves to navigate the unique legal complexities of senior marriages and divorces, which may also involve navigating divorce appeals for senior couples.
Pursuing a divorce appeal can be exhausting. Coupled with the frustration of a dissatisfactory divorce decree, one must also navigate a new and foreign legal landscape. Appeals function on an entirely different legal premise than trial courts do, which can make adapting to divorce appeals incredibly jarring, especially for seniors. A skilled appellate lawyer from Colorado Divorce Law Group may be able to assist in this process. Call the office today at (720) 593-6442 to schedule a free initial consultation with an attorney.
Senior marriages and divorces can be much more complex than they appear. Some couples, after raising children, working towards retirement, and navigating their lives, may not realize how they have grown apart until after their lives begin to slow down, approaching retirement. The length of these senior marriages can often introduce complexity into a divorce case, particularly in the financial realm. Senior couples have often spent a significant amount of effort saving towards retirement, and have received a large amount of marital property along the way. What may be straightforward in a younger marriage can be complex and confusing in a senior marriage. Additionally, the emotional implications of a divorce after so many years together could make the split more painful for senior couples.
While each divorce case and divorce appeal is unique, there are certain recurring themes in gray divorces that can pose an issue for senior marriages. The length of the marriage is often the key, which can have both emotional, financial, and legal implications. Senior divorces can also be complex because of medical issues and the capacity of each individual to provide for themselves financially. While younger divorcees still have many years in the prime of their lives to prepare for retirement, this may not be the case with senior marriages. Being financially prepared for retirement during a gray divorce can be a prominent worry for divorcees. Each of these complex elements could change the way divorce appeals are approached after a divorce case.
For more details on divorce appeals for senior marriages, speak with an experienced divorce appeals attorney from Colorado Divorce Law Group.
In Colorado, property is divided in divorce according to an equitable distribution policy, meaning it is divided fairly rather than evenly. According to Colorado Revised Statutes § 14-10-113, courts take into account financial need, the contribution of each spouse to the marital property, and the presence of marital misconduct in the relationship. This may benefit senior marriages in divorce, as the courts may take into account their financial need in the divorce. However, this process is also complex because of the amount of marital property, including real estate, that is present in the arrangement. Separate property goes back to its respective owner in the divorce, but marital property is divided equitably. Marital property is generally any property acquired during the duration of the marriage, excluding some notable exceptions. Due to the length of the relationship, determining property designations and dividing them all fairly can be an ordeal. Retirement benefits may also need to be divided in a senior divorce.
Senior citizens are also more likely to experience more severe medical needs and emergencies, which can factor into senior divorce. Many senior couples rely on their spouses or other family members to advocate for them in the event of a medical emergency. Additionally, some seniors may require specialized care and attention later in life. This extra care could factor into financial expenses and more. If a senior was relying on their spouse’s medical insurance policy, this could become a key facet of a divorce case, possibly even factoring into divorce appeals.
Divorce appeals are a means of addressing perceived errors of legal application in a divorce case. For senior marriages, divorce appeals may be a means of ensuring that the law was applied appropriately in the trial courts. Divorce appeals do not function like a case in a trial court, as they are only designed to correct errors of law. Grounds for a divorce appeal include a misapplication of the law, a misunderstanding of the facts, or a mistake made by the trial court. A decision cannot be appealed just because it is unfavorable, but it may be able to be appealed if it is incorrect.
A divorce appeal for a senior marriage may be able to help if the law was applied incorrectly in a way that unfairly distributed marital property, or if misunderstood facts lead to choices regarding the divorce decree that are inaccurate. An appellate court may either reverse the decree, remand it to the trial court to be heard again, affirm the decision, or modify it. An appellate attorney may be able to advocate for their client in the court of appeals to help ensure that the law is applied correctly.
Divorce appeals can be beneficial for senior marriages, because an error of law or a mistake of the courts could have catastrophic consequences on the rest of the individual’s life. While an unfair decision in a younger marriage may be difficult, a senior divorcee may struggle to navigate the fallout of such a decision.
Divorces can be complicated, but senior marriages can make the process even more so. Understanding the financial impact and legal nuance of the situation can be critical to finding a fair agreement and ensuring that both individuals can live out the rest of their future to the fullest extent. As such, divorce appeals may often become a factor in the process. Navigating both the legal complexities of a senior divorce and also working through a divorce appeal may feel overwhelming to seniors. However, a skilled divorce attorney from Colorado Divorce Law Group is here to help. Contact the office at (720) 593-6442 to schedule a free initial consultation today.
