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Lawgirl, Lawyer
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If both parties are over 60 years old and retired, and they

Resolved Question:

If both parties are over 60 years old and retired, and they decide to separate (divorce), is there simply a division of assets or would there be support issues? (Even though both were recieving salary prior to retirement)
Submitted: 7 years ago.
Category: Legal
Expert:  Lawgirl replied 7 years ago.

Lawgirl :

Hello, what state are the couple divorcing in?

JACUSTOMER-mfib7emy- :


Lawgirl :

First, one of the parties needs to ask for support. The court will not unilaterally order it. If requested, the court will look at many factors to determine if support is appropriate: how much each spouse makes; the health of the parties; the education of the parties; any property settlement; any other factors the court determines to be relevant.

Lawgirl :

If no spouse asks for spousal support, then the court may just look at division of assets.

Lawgirl :

The division of assets and debts will be evaluated in light of the assets and debts that are disclosed by each party. If the parties do not submit an agreement to the court, the court will look at what constitutes community property, assets and/or debt and what constitutes separate property, assets and/or debt.

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