Mid-Life Divorce: Unique Challenges for Baby Boomers and Older Couples

Strategies for Marital Estate Division, Spousal Support and Retirement Distribution

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, June 7, 2011

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will prepare attorneys to handle the complex issues that arise in divorce cases at mid-life and beyond. The panel will outline strategies for structuring settlements, including marital estate division, spousal support and post-divorce distributions of retirement plan contributions and survivor benefits.

Description

Representing mid-life and older clients in divorce often involves complex issues. For some clients, their major income-generating years are behind them. For others, one spouse may be in their peak income-producing years while the other spouse may have little work history.

Financial matters, such as spousal support (methods of payment, amount and duration), can be more challenging for older clients. Issues concerning social security benefits, health insurance, and valuing and dividing assets accumulated during the marriage must be addressed.

Complex asset allocation issues include dividing pensions, retirement and investment accounts, business interests and real estate. Distribution of survivor benefits in the event of a death, entitlement to retirement plan contributions post-divorce, and timing of benefit distributions are critical.

Listen as our panel of experienced family law attorneys outlines best practices for handling issues specific to baby boomers and seniors in a divorce action.

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Outline

  1. Marital Estate Division
    1. Real estate
      1. Primary residence
      2. Secondary residence
      3. Timeshares
    2. Business interests
    3. Investment accounts
    4. Debts
  2. Spousal Support
    1. Types of spousal support
    2. Method of distribution or payments
    3. Threshold criteria for qualification and factors
    4. Problematic issues in mid-life divorce
    5. Amount and duration
    6. Modification
  3. Retirement Plans
    1. Employer-sponsored plans
      1. Available benefits not automatic
      2. QDROs
      3. Defined contribution plans
      4. Defined benefit plans
      5. Separate interest/shared interest QDROs
      6. Additional benefits under defined benefit plans
      7. Waivers
    2. Other types of retirement plans
      1. Military
      2. Federal
      3. State
    3. Social security benefits

Benefits

The panel will review these and other key questions:

  • What unique challenges arise in divorce among older parties?
  • What strategies should attorneys consider to effectively protect a baby boomer in divorce and post-divorce?
  • What factors should be considered in handling assets accumulated during a long-term marriage?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Leslie Ann Shaner
Leslie Ann Shaner
Attorney
Barnes & Diehl

She is an expert in family law and estate planning. She is a frequent speaker on divorce among baby boomers and family...  |  Read More

Paula G. Kirby
Paula G. Kirby
Attorney
Paula G. Kirby

Ms. Kirby is licensed in both Arizona and California. Her practice blends family law, probate, and commercial...  |  Read More

Sarah McCormack
Sarah McCormack
Partner
Kessler & Solomiany

She focuses exclusively on family law. She has been named a Super Lawyer “Rising Star” for several years....  |  Read More

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