What is a Gray Divorce in New York? | What to Know

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Gray divorce has multiple steps. If you are going through one, do not hesitate to reach out to our firm today to speak with one of our experienced New York divorce attorneys.

What is a gray divorce in New York?

Gray divorce refers to couples over the age of 50 who are going through a divorce. Gray divorces are different from other kinds of divorce because couples over 50 may have to deal with certain issues that other couples will unlikely have to face. For instance, some couples may be required to pay open durational alimony. Furthermore, most of these couples will not have to worry about child custody or child support.

What are common issues that are addressed in gray divorce?

This type of divorce requires several issues to be addressed. Gray divorces typically deal with issues that other kinds of divorces do not. Some of the most common issues that come up in a gray divorce in New York include the following:

  • Dividing pension plans or other retirement accounts
  • Whether or not they are required to pay for their children’s college education through child support
  • Determining alimony duration, frequency, and amount
  • Determining marital property vs. separate property
  • Whether or not a new life insurance policy is needed
  • Establishing whether inheritances can be divided
  • Alimony negotiations when one spouse is collecting social security off of the other’s earnings

What is the benefit of mediation during a gray divorce?

There are multiple benefits to choosing mediation over litigation when going through a gray divorce. They include the following:

  • The couple does not want to waste a lot of money on the divorce. Couples going through a divorce after years of marriage are most likely in their 50’s or 60’s, insinuating that they plan on retiring soon. Because of this, they may not want to spend a lot of money on their divorce in order to protect their retirement fund. Mediation costs much less than mediation.
  • They do not want to waste a lot of time on the divorce. Divorces can take years to settle. Older couples usually do not want to spend their time dealing with an in a heated courtroom. If they opt for mediation, resolutions can be reached must faster and more efficiently.
  • They do not want to add any more pressure to their life. Those of an older age may have specific difficulties and stressors. This can refer to a difficult job, college tuition bills, caring for aging parents, continuing to support children, medical issues, etc. A complex divorce is typically what an older couple will not want to be added into their life. With mediation, it will be a much calmer process.


Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

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We have an excellent AVVO rating from our many happy clients

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We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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