It’s no secret that the divorce rate is higher for spouses with significant age gaps. But what happens when spouses of different ages decide to call it quits? The same problems that plagued them in marriage may prove evident during the divorce process.

The Realities of Retirement

Spouses at different stages in life may never see eye to eye on work and leisure, but retirement brings these differences to the forefront. Retirement may also spur financial challenges, both in marriage and divorce. The younger spouse may be dismayed by the other person’s sudden lack of income. Later, these changes play a huge role in alimony, property division, and other financial considerations.

Age Gaps and Custody

Occasionally, large age gaps between spouses may impact custody proceedings. In Minnesota, age is just one of several factors that might come into play when determining the best interests of affected children. Specifically, Minnesota courts examine “the willingness and ability of each parent to provide ongoing care for the child; to meet the child’s ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time.”

While a spouse’s age may say little about his or her childrearing abilities, accompanying health issues or environmental factors could play a role. For example, courts may deem spouses with age-related chronic health conditions incapable of providing the quality of care their children require.

Age gaps can influence decision-making in marriage and divorce, but these differences don’t doom couples to courtroom drama. With strong legal guidance and the desire for a mutually beneficial outcome, couples can pull off a reasonably low-stress split, no matter their age.

As you face the realities of divorcing with an age gap, look to the Brown Law Offices for personalized legal service.