Special Problems With Elder Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Everyone knows that having assets precludes one from claiming medical benefits they may otherwise be entitled to.  So often times, older couples file for divorce to separate themselves from their assets purposely.  It can be problematic, when the divorce is not a true divorce but rather done for fraudulent purposes.  Or hypothetically, assuming the husband gets sick, and the wife simply wants out.  These are tough decisions usually about long term marriages. 

However, in cases where there is a real divorce among octogenarians, the issue arises as to whether or not a party to the divorce is clear thinking enough to negotiate a settlement and contract.  In order for any negotiation and marital settlement agreement to be valid and enforceable, the parties signing it, agreeing to it, have to be of sound mind.  This comes into question, when the elderly divorce and want to settle their cases.

The capacity to contract is a threshold question in any divorce involving people over the age of 80.  For more information about this of other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.