Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Advocating For You

Gray divorce may lead to special challenges

Dissolving a marital union in Texas can present challenges for people of all ages. However, those over the age of 50 face special challenges that their younger counterparts simply do not encounter following divorce. A couple of these challenges involve health insurance and long-term care.

Regarding health insurance, those who had insurance through their spouses’ employers while they were married can maintain this insurance through COBRA. The coverage can last up to 36 months. However, the premiums will increase since they have to pay the portions of the premiums that their employers were previously paying. If newly divorced individuals cannot take advantage of COBRA, they have no choice but to look for their own insurance. Unfortunately, they may have a hard time securing insurance at their age if they have pre-existing health issues.

When it comes to long-term care, divorced individuals would be wise to evaluate how they will handle future medical events. Instead of relying on their ex-spouses, they must turn to paid caregivers, family or friends to help them if they face long- or short-term medical problems. In some cases, divorced individuals who have joint insurance policies for long-term care with their ex-spouses may be able to maintain their policies, whereas others may have to swap their policies for individual ones. This ultimately depends on their policy types and both parties’ interests.

The best situation when people are getting divorced — no matter how old or young they are — is for them to work out their divorce issues at the negotiation table or through mediation. This gives them more control over the outcome of their divorce than they would experience with traditional divorce litigation. However, an attorney in Texas can provide a divorcing individual with the necessary guidance for pursuing the best outcome for him or her either in court or outside of court.