Edgewood Kentucky Family Law Blog

Statistics show that more older spouses in Kentucky are dealing with the effects of divorce. The divorce rate for the 65-and-older age group has tripled since 1990; for spouses 50 and older, it has doubled.

Divorce can result in both social and financial challenges for this age group. After separating, couples may lose the social ties they had. A single person age 65 or older needs 79 percent of the income of a two-person household, according to a 2014 report from the Government Accountability Office for the Senate Special Committee on Aging. Older divorced women are particularly at risk; they have an 80 percent higher chance of living in poverty once they reach age 65.

Almost anyone in Kentucky or anywhere else who shares in the responsibility of raising a child can be considered a co-parent. This can include biological parents, grandparents and foster parents. It can also include unmarried couples who had a child together. Those who are responsible for raising a child should keep the best interests of him or her as their top priority. Interactions with the child's other parent should be formal and businesslike.

Children should never be put in the middle of issues between adults, and they should never be used to gather information on a parent's behalf. Parenting classes are available for individuals who don't think that they can get along with the other adults helping to raise their children. Ideally, people will encourage their children to have relationships with the other parents as well as other key adults in their lives.

When parents in Kentucky first begin to deal with child support, they may feel confused and overwhelmed. Many parents first are in contact with the support system after a divorce or other breakup, and they may feel emotionally vulnerable and uneasy. While most people know that non-custodial parents have an obligation to provide financially for their children, they may not understand how the determination is made or how a child support order is put into place.

First, parenthood must be officially established. Maternity can be shown by proving that the mother gave birth to the child, but there are several ways to determine paternity. If a mother gives birth while married to a man, the husband is presumed to be the putative father. An unmarried father can sign an acknowledgement of paternity at the child's birth or any time thereafter. In some cases, however, paternity is in dispute or doubt. Parents can seek a DNA test to prove whether a particular man is the father of the child. Once paternity is proven through a genetic test, a court order can be issued officially recognizing paternity.

Older couples in Kentucky may be getting divorced at higher rates than in the past. According to Pew Research, the divorce rate nationwide for people older than 50 is twice as high as it was in the 1990s. Divorce among older couples can present a certain set of challenges even if both parties are striving for fairness.

One issue is that dividing the property that many couples have acquired by this stage of life can be complex. For example, there are a number of rules around dividing annuities, and they can lose value. Some couples opt instead for one person to take annuities while the other one takes an asset of equal value in order to avoid this situation.