Divorce after 50 often reshapes retirement, housing, and long-term financial plans very quickly. If you are thinking about ending a long marriage in Florida, you deserve clear answers and a steady hand.
At Kofsky Law, our work in later-life divorce focuses on protecting long-term financial security. Martin Kofsky brings years of experience in family law and a calm, firm approach to the tough calls that come with gray divorce.
Distinct Considerations in Florida Gray Divorce
Gray divorce, commonly defined as divorce after age 50, has become more common across Florida. The topics shift, since parenting plans for minor children are less common, and money questions take center stage.
Retirement accounts, pensions, real estate, and healthcare choices are the biggest pressure points. These cases often involve added emotional and relational pressures, especially where family heirlooms, adult children, and shared social ties are involved.
Social Security rights, potential alimony, and fresh estate planning updates deserve careful attention. Getting each piece right helps protect income, tax positions, and peace of mind.
Common issues we handle in gray divorce include:
- Division of 401(k)s, IRAs, pensions, and deferred compensation plans.
- How to handle the marital home, second homes, and rental property.
- Health insurance changes, COBRA, and Medicare timing.
- Social Security benefits tied to a former spouse’s work record.
- Long-held assets with sentimental value, and who keeps what.
Each case follows Florida’s equitable distribution rules, yet the facts of your life shape what fairness looks like. We keep that balance front and center.
How Kofsky Law Addresses Florida Gray Divorce
We bring a steady process to a stressful time. Our team focuses on clarity, documentation, and practical steps that protect your present and your future.
Comprehensive Asset Evaluation and Protection
We start by identifying every marital asset, even the hard-to-spot items like stock options, RSUs, restricted stock, crypto, or undisclosed accounts. Tracing is vital when separate property has been mixed with marital funds.
When needed, we work with appraisers, forensic accountants, and valuation pros to pin down accurate numbers. We also look at taxes, liquidity, and timing, so a deal on paper does not turn into a problem later.
To help protect what you built, we press for a fair split under Florida law. That includes guarding separate property and addressing any signs of waste or hidden transfers.
Our step-by-step approach helps you stay organized and informed:
- Collect statements, deeds, and titles covering the full marriage period.
- Trace separate and marital funds to sort out what is in each category.
- Value businesses, pensions, and real estate with qualified professionals.
- Review tax impact, future cash flow, and risk on each proposed trade.
- Press for written terms that are clear, enforceable, and practical.
With a complete picture, you can choose a settlement that fits your life, not just a spreadsheet.
Retirement and Pension Division
Florida treats the portion of retirement earned during the marriage as marital property. That includes 401(k)s, 403(b)s, IRAs, pensions, DROP accounts, and similar plans.
We use Qualified Domestic Relations Orders (QDROs) for employer-sponsored retirement plans, and appropriate transfer orders for IRAs, to avoid early withdrawal penalties. For pensions, we help calculate present value and determine whether to share payments or offset them with other assets.
The goal is simple: keep your retirement on track, with clean orders that plan administrators will accept.
Alimony and Spousal Support
Florida law focuses on need and ability to pay. The court looks at the length of the marriage, income and earning capacity, age and health, standard of living, and contributions to the marriage.
Permanent alimony is no longer available in Florida. Support options include temporary support during the case, bridge-the-gap, rehabilitative, and durational alimony.
| Type | Typical Duration | Purpose | Notes |
| Temporary | During the case | Maintain the status quo until the final judgment | Ends at final judgment |
| Bridge-the-Gap | Up to 2 years | Short-term needs during transition | Non-modifiable in duration |
| Rehabilitative | Up to 5 years | Support for a plan to regain self-sufficiency | Plan required and monitored |
| Durational | Linked to marriage length | Provide support for a set period | Length limits vary by marriage length |
We build a clear record of need, income, and realistic budgets. If support is awarded, we can request life insurance to secure payments when appropriate.
Healthcare Planning
Divorce can end dependent coverage, which is a serious hit near or in retirement. We help you review COBRA, Affordable Care Act plans, and Medicare timing.
Long-term care and Medicaid rules can affect decisions on assets and support. Smart planning today reduces risk if health needs change tomorrow.
Social Security Benefits
Some clients can claim benefits based on a former spouse’s earnings. Eligibility depends on federal rules, not the divorce judgment itself. The common requirements include a marriage of at least 10 years, age 62 or older, and being unmarried at the time of claim.
Claiming on an ex-spouse’s record does not reduce their benefit. Careful timing can increase lifetime income, so we discuss options that fit your retirement plan.
Helpful reminders on Social Security in divorce:
- You can choose the higher of your benefit or the divorced-spouse benefit.
- Waiting past 62 can increase the check you receive.
- Remarriage can change eligibility for divorced-spouse benefits.
We coordinate these rules with asset division and alimony, so the full retirement picture makes sense.
Estate Planning Revisions
After a divorce, old plans often no longer match your wishes. We help coordinate updates to wills, trusts, powers of attorney, and healthcare directives.
Beneficiary changes on life insurance and retirement accounts are just as important. We help make sure the right people receive the right assets.
These updates help prevent conflict and protect your loved ones.
With these building blocks in place, you can move into the next phase of life with more control and fewer surprises.
Addressing Complex Scenarios in Gray Divorce
High-asset matters call for precise work and a steady strategy. We handle business valuations, stock comp, family companies, and layered real estate portfolios.
When fair terms are blocked, we are ready to go to court. Our filings are direct and supported by the numbers, which helps judges see the full picture.
We also address hidden transfers and waste of marital assets. If discovery is needed, we push hard for the records that tell the story.
Clients trust us with the hard cases, yet we are just as focused on cases that resolve without a fight. Either path, your goals drive the plan.
Why Choose Kofsky Law for Your Gray Divorce?
We know family law is personal, and your case deserves time and care. You will work with a team that listens, explains your choices, and keeps you updated.
- Clear communication and direct answers to your questions.
- Focused planning aimed at long-term stability, not short-term wins.
- Strong courtroom skills are necessary if a hearing or trial becomes necessary.
- Comfort with high-conflict and high-net-worth matters.
When things are simple, many lawyers can help. When the stakes feel high or unfair, we bring the skill and calm needed to get results.
Begin Your Gray Divorce Resolution with Kofsky Law
Your future matters, and smart steps today can protect the life you built. Contact Kofsky Law to discuss your situation with Martin Kofsky and get a plan that fits your goals. Call 561-407-0703 or visit our website to get started. We welcome your questions and are prepared to help you move forward with confidence.
