ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
As people are living longer, healthier lives, it is becoming more common for seniors to divorce. More seniors are remarrying as well. However, divorces for older clients can pose problems which are more complex than those of younger couples.
Older couples who have previously been married and divorced, and have accluired property, retirement and other benefits along the way, may desire to consider signing a prenuptial agreement prior to remarriage. Prenuptial agreements in Alaska may be valid binding contracts if a court determines that there has been full disclosure and that they are fairly written, and that the circumstances have not changed so drastically since the agreement was entered as to make its enforcement unfair.
For seniors who remarry or divorce, it is important to review and update the beneficiaries of wills, life insurance, retirement, trusts, powers of attorney and other important legal documents to insure that the proper people are assigned to carry out your wishes.
For grandparents who divorce, there may be concerns regarding visitation of grandchildren. In Alaska, a grandparent can petition the court directly for an order establishing reasonable rights of visitation between the grandparent and grandchild. Divorced grandparents who separately want time with grandchildren may now desire more of a grandchild's time, as it is easier for the child to visit married grandparents at the same time.
Some seniors divorce because a spouse has become incompetent. If this is so, a court may have to appoint a guardian or other professional to assist an attorney and the court in the process.
For some seniors, remarriage may not be financially advantageous. For example, a widow may lose pension benefits or alimony upon remarriage.
Certain health benefits may cease during marriage. Some seniors may decide to live together without marriage due to these concerns. It may be possible to draw up a cohabitation agreement which sets forth the particulars of the living arrangements, and specifies how financial and other matters will be handled during the period of cohabitation.
Divorcing seniors who have accumulated substantial assets during their lives may have complicated property and tax consequences which result from the issuance of the divorce decree. It may be wise to consult with an attorney and a tax specialist who can answer your questions regarding the consequences of marriage or divorce. Many attorneys will consult with potential clients for a nominal fee to answer your questions and define the services they offer.
The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding your rights. Steven Pradell is an Anchorage attorney with a practice emphasizing family law, probate and estates, wills and life planning issues. Articles on legal topics of interest to seniors can be accessed on the internet at Http://www.aIaska.net/~pradell ©1998 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.