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LJN NewslettersNewsSectionsThe Matrimonial Strategist

Senior Divorce: Special Circumstances

BY Martin M. Shenkman
April 28, 2008

Seniors are divorcing with greater frequency. Divorce is different for seniors than for younger married couples. The issues of visitation and child support that dominate divorces of many younger couples are not present; instead, seniors face their own unique issues with which professionals must grapple. The following is a discussion of some of the many nuances that are more unique to seniors ' and some of the planning implications those advising seniors should consider.

Residences

The nature of seniors' assets is likely to be different. The marital residence is much more likely to have substantial appreciation so that planning to minimize the tax costs of selling a home will be relevant. In contrast, for a younger couple, dealing with a large mortgage is the more common concern. Seniors are more likely to have a second or third home. They may be far more likely to sell their homes and both move to smaller condominiums, perhaps in different states. How do you preserve the $500,000 capital gains exclusion? There are special rules on the division of a house, but most of the special exceptions pertain to the common divorce situation of younger couples ' namely, one spouse remaining in the house with young children, while both continue to own it. When seniors divorce, each spouse may take a different home. It is also common for seniors to sell the marital home, lock in the $500,000 exclusion, and each buy a new smaller home or condominium.

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