According to the U.S. Census Bureau, 25 percent of all divorces in 2007 involved older couples who had been married for more than two decades. In fact, over the last 20 years, the divorce rate for individuals over 50 has doubled.

The baby boomers were the first generation to see the decline of divorce taboos (such as religious reasons to stay married) and increased empowerment of women, which may be why they have led the charge on divorce in California and around the nation.

The reasons for midlife divorce - life changes, children leaving the nest, alcoholism, etc. - are perhaps less important than what happens during divorce. Unlike young couples, who concentrate on child custody / child support arrangements or fight over the pieces of furniture in their homes, baby boomers often deal primarily with financial issues during a divorce.

If you are a baby boomer going through a California divorce, you may wonder: what will happen to my assets? Can my spouse's retirement benefits be divided? Is permanent spousal support (also called "alimony") an option? How can I protect what's mine? A divorce lawyer can help answer these questions.

Dividing Financial Assets During a California Divorce

Three common topics that baby boomers are concerned about include:

  • Retirement plans: In order for a court to divide a pension plan, it must issue a Qualified Domestic Relations Order (QDRO). An experienced family law attorney can help you negotiate and draft an effective QDRO, which recognizes an alternate payee's (spouse's) right to receive some of the retirement benefits.
  • Social Security benefits: Generally, if a marriage has lasted more than 10 years and the spouse of the person receiving Social Security benefits is at least 62 years old, he or she can continue to receive benefits on the ex-spouse's record unless he or she remarries.
  • Alimony / spousal support: When judges decide whether to grant alimony / spousal support and how much, they look at many different factors, including the length of the marriage, the couple's financial situation, each spouse's work history and education levels, and more.

Spouses with investments, substantial real estate and other significant assets will need to locate, appraise and characterize those assets. Divorcing baby boomers who own a family business may also need to go through the difficult process of dividing that business. If you face complex asset division in your California divorce, trust your case to an experienced San Diego divorce lawyer.