Tips for Surviving Divorce in Your 40s


Filing for a Pasadena divorce in your 40s may be slightly more complex than divorcing at an earlier age, but hiring an experienced attorney can make the process much less stressful.

Couples who are divorcing in their 40s typically have more assets to consider than those who divorce at a younger age. Sometimes, these assets may require the use of specialists to determine a fair value. For example, an appraiser might be needed to value a collection of antiques or a valuation expert might be needed to determine how much a business the couple owns is worth.

The length of your marriage plays a factor in certain aspects of the divorce settlement, including eligibility for alimony. California considers marriages of fifteen years or more to be a "marriage of long duration." A marriage of long duration won't have a definite termination date for spousal support set at the time of the trial. If the marriage lasted less than ten years, spousal support is limited to half the length of the marriage. However, even permanent alimony is typically subject to dismissal if the spouse receiving the payments remarries or cohabitates with a new romantic partner.

If you and your spouse have children together, keep in mind that younger children are generally not allowed to decide who they want to live with after a divorce. However, judges do consider the wishes of teenagers when making custody decisions. A teen who appears to have carefully considered the pros and cons of living with each parent stands a good chance of having his or her wishes granted.

When discussing child support, remember that California does not have any laws requiring noncustodial parents to help pay for the cost of a child's college education. If you want college support for your child, this must be negotiated separately as part of your divorce settlement. Grants, student loans, and other forms of financial aid are generally determined using the income and assets of the parent with whom the student lived during the twelve months prior to completing the FAFSA.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you are in need of legal representation during your divorce. Our Pasadena divorce attorneys can help advocate for your interests throughout the divorce process.