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Issues in Divorce for Older Couples

Posted by Ahluwalia Law Professional Corporation | Nov 24, 2013 | 0 Comments

With people living longer than ever, more people are finding themselves unable to remain in their marriage. They are not alone – divorces for older couples are on the rise. While these divorces typically do not involve some of the difficult aspects as people getting divorced at a younger age usually face, such as custody, there are still some very complicated factors.

If you are considering a divorce and you are of retirement age, please contact our San Jose divorce attorney Madan Ahluwalia right away to protect yourself and your assets.

Retirement and Pensions

The main concern for most people is what could happen to their retirement funds if they get divorced. You work very hard for your retirement, and you want to ensure that you get your fair share. Under San Jose family law, your pension's funds are considered to be a part of community property but fall under specific laws. Under California law, the implication is that earnings should be split fifty-fifty by what is earned during marriage up to separation. These earnings are determined by the value of the assets, which can become very complicated incredibly quickly if there are multiple retirement sources. It would not be in your favor to try to address this without our divorce lawyer.


In California, the division of property can be up to what the couple feels is fair. Property can include bank accounts, residences and debts. Getting in touch with our San Jose family law lawyer can help you go through all the factors that you would take into consideration and enter a fair financial mediation. This typically includes the following:

  • Items in the home, such as furniture
  • Jewelry
  • Land
  • Rental properties
  • Personal residence
  • Commercial property
  • Stocks
  • Cash

San Jose Divorce Lawyer

Please contact our San Jose family law attorney Madan Ahluwalia of Ahluwalia Law P.C. at 866-666-4647 or contact us online if you are contemplating a divorce. We specialize in addressing difficult divorces, and can help you make your situation better.

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