Is It OK to Divorce at 40?

Marriage counselors opine that, unless absolutely necessary, it may not be okay to divorce at 40 because:

Is It OK to Divorce at 40?
  1. Life can become difficult for the young children
  2. Asset division can cause financial distress
  3. It’ll be like starting life all over again
  4. Alimony payments can dent finances
  5. Divorce can cause emotional turmoil
  6. Friends and family members can get alienated

Life can be like a complex and exciting rollercoaster ride for spouses near 40 years of age, especially with young children around. Both spouses need to balance their focus on careers with life goals, and reconcile it with the family’s needs, especially the kids’ needs. At the same time, the spouses may sense that they are getting older and that staying in shape takes some effort. When divorce is thrown into this mix, the consequences can be chaotic – unless, of course, the divorce is necessitated, as in a toxic kind of marriage.

However, if the marriage is not toxic, or if divorce is avoidable, and one spouse decides to divorce at 40, he/she must think through the following consequences:

Distress to Children

The children’s lives after the divorce can get shattered and the divorce can adversely affect their physical, emotional, and academic well-being. This is especially so for children of parents around 40, as the children would probably be in a tender and vulnerable age range. They will have to adjust to a new home, shuttle between parents, be away from friends for a part of the week (depending on the type of custody granted), watch their parents fight with each other, which may get ugly, engage in legal formalities, and more. It can inject chaos into their tender, growing years and impact their future.

Asset Division

Property needs to be divided in a divorce and the division can result in a mess. Merged bank accounts, 401k plans, cars, and home/s may be divided. Even before the division, the divorce attorneys on both sides need to itemize community and separate property before recommending a division that seems fair to their respective clients.

Property division is usually a sad event because the spouses have invested in the property together during the marriage. Seeing it divided and split so clinically and mechanically can be difficult to endure.

Starting Life All Over Again

A divorce may seem liberating, but starting life all over again when you are around 40 can be a daunting task. Though not impossible, it can be very difficult to find a new partner who is compatible – while adjusting to a new normal, dealing with rejection, co-parenting kids, controlling anxiety, managing the stress on finances, focusing on a career, perhaps shifting to a new home, and more.

Make no mistake – rebuilding life after a divorce can be difficult especially if you are around 40.

Post-Divorce Financial Dents

Divorce can be expensive. You have to pay the divorce attorney’s fees, court costs, child support, alimony, and live with half, or less, of the assets you owned during the marriage. You can also lose out on the tax advantages you enjoyed during the marriage.

Emotional Distress

A person at 40 is mostly a mature person. When nostalgic feelings hit a divorced person time and again, they can trigger sadness and maybe even depression. Marriage counselors opine that hormonal imbalance coupled with inadequate sleep in divorced spouses can cause extreme mood swings.

Then, there is loneliness, which can reach unbearable levels. Going back to an empty home, reveling in self-blame, or not talking about issues can make a spouse fall apart.

Alienated Friends and Family

The impact of divorce extends beyond hurting your children and ex-spouse. It can even impact your coworkers, family members, and friends. These people are likely to take sides and if they feel and say that you were to blame, it could fracture your relationship with them. When friends walk away and other family members do not approve of your divorce, a hard-to-thaw chill develops over your relations with them, which can add further to your loneliness.

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About the Author: Keith Bruss
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My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
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Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
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I am highly recommending them to anyone looking to feel at ease during a difficult time.
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Anne-Greyson helped me with my post divorce issues after Clay handled my divorce. She was amazing in getting my issues resolved and I was even more thankful to have worked with Brown Family Law again. I will never stop praising this team for all of their hard work!!
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Brown Family Law is an amazing law firm. Clay is always so helpful and is very easy to talk to and personable. If you need help, they are definitely the place to call! I would recommend Clay and Brown Family Law to anyone.
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Got me through my divorce with satisfactory results. Russell and Connor were very helpful and took good care of me through this difficult process.
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Leilani Whitmer, Jennifer Keeton, and Idani where all amazing and really helped me with my divorce. The team was proactive, detail oriented and deeply compassionate and really helped me through a hard time. I felt so much better when they took on my case and I didn't have to stress out because they took care of everything. I would definitely recommend them if you are in need of excellent and caring representation for any matters of family law.
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I have always valued Marco’s advice and fairness. He comes highly recommended in this area if you’re looking for someone who will listen and fight strong and fair.
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Excellent family law practice!! Very honest and up front communication about what to expect. Top quality care from our lawyer every step of the way. Thank you Paul and team! Cannot recommend enough!!!
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Marco is the smartest family lawyer in Utah
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I have known Marco for many years. He is an outstanding attorney and a good friend. He cares deeply for his clients and has cultivated a “customer-oriented” culture in his firm and with his team. Marco exhibits empathy for his clients during some of their most difficult life moments, but is also straight forward and to-the-point. He and his team will help you understand exactly what you can expect during divorce proceedings and then work to achieve the best results on your behalf. There is a reason Brown Family Law receives so many positive reviews from their clients and they are so well respected by their peers. I highly recommend them!
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I feel so lucky to have found Brown Family Law on my first try. Their business model is to take on only a select amount of clients, so that they can give each case the attention and care that it needs. Sometimes I feel like I am their only client! They remember details, are very responsive, and really show care for the actual person - not just "the case". I feel that they are conscientious of my retainer as well, making sure that time is not being wasted. I feel that my money is being used for the things I need it to be used for.
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I was very well pleased with Katrina. She helped me every time I asked for it and my divorce was quick and easy. I couldn’t have asked for a better lawyer or law firm.
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Paul Waldron was our attorney and he represented my husbands case with perfect focus and provided quality advise. We would highly recommend him and Brown Family Law.
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There's so many good things I could write. But I'll just sum it up to a few things.
If you want to feel taken care of, this is the right place to be. I am grateful for feeling heard and understood with the process of my divorce, and that Andrew took the time to explain things to me, even when I had to ask him to repeat concepts and legal jargon. Additionally, I'm deeply grateful that I felt Andrew advocated for me in various ways. And last but certainly not least, I'm grateful that he was a voice of reason when I was feeling emotionally charged.
Divorce is a terrible thing to go through but if you have to do it, it's good to be taken care of, which I felt I was.
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Got answers to all my questions . Thanks!
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Daniel and the entire team made my divorce process an easier experience, they are truly committed and concerned about their clients. I would recommend them with my eyes closed!!
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My grandson is my entire world since the day he was born, when my daughter was going through a divorce I was really worried about losing time with him. She decided to use brown family law to help with her divorce after dragging her feet on it for two years, Clay was quick to meet with her and walk her through the process of divorce and help her get the case done the right way the first time. His communication was amazing and he was so quick to respond to her needs. Thank you Clay for what you’ve done for my daughter and everyone at brown family law for your kindness in the hardest phase of her life. I’m so glad she chose brown family law and I recommend them to anyone that asks me who to use for their divorce and custody cases.
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I can't recommend Brown Family Law enough. Their attorney are amazing to work with and helped my daughter get sole legal and physical custody of my grand son. We were really worried about the long term effects of 50/50 custody and Clay made sure my daughters decree protected her and my grand son long term. Thank you for all that you did to protect my grand son and my little girl.
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Clay Randall was amazing helping my girlfriend with her divorce and custody case. She was able to get all of her goals achieved and to know her son is safe is such a comfort. I couldn’t recommend Brown Family Law more for all they did for her and my soon to be step son. Clay was always there to answer her questions and clarify anything she may have questions about. He thought of every possible scenario to make sure the decree protected her and her son moving forward through his life. Thank you Clay and Brown Family Law for all you have done for my girlfriend.
Response from the owner:So glad Clay communicated well and helped your girlfriend get through the process successfully. Thank you for your kind words.
As a professional in this same industry I can attest to the fact that Marco and his team are top notch professionals. As opposing counsel on cases with Brown Family Law, I have personally witnessed the hard work, dedication, and effective advocacy skills that are implemented on behalf of their clients. You and your loved ones will be in great hands with this firm.
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Anne was amazing and helped me finalize my divorce quickly. Great communication - I was always kept up-to-date on what was going on throughout the whole process.
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Kayelise was so kind and patient, listened to details of my case and gave me feedback that can help me moving forward. I appreciate her time.
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Nathaniel and Carren are absolute superstars. The way they handle their client roster is impeccable. . My representation was stellar from intake through case resolution. They were professional, attentive and compassionate. Thanks for all your hard work Brown Family Law.
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I had a great experience working with Amy Pomeroy at Brown Family Law. From the start, she took the time to listen to my concerns and made the entire process as easy, comfortable, and stress-free as possible. The legal advice was clear, and I always felt like I was in capable hands. The team was incredibly responsive and made sure to explain everything step-by-step. I especially appreciated the weekly check-ins, which kept me informed and reassured. I truly valued their professionalism and dedication. I highly recommend Brown Family Law to anyone in need of a skilled and reliable divorce attorney
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Had a courtesy lunch with Marco yesterday, you cannot expect a sharper, more down to earth, genuinely good guy. He's highly analytic and it is extremely evident he knows what he is doing, and is the best at it. He demonstrates high conscientiousness while still getting straight to the point. He is where he is because he knows the law, has won cases, and cares about the people all around him.
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Clay with Brown Family Law was great to work with. Very professional and personable. Would highly recommend.
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I had a great experience with Brown Family Law! I felt supported and appreciated as a client. I would highly recommend to anyone needing a family lawyer. Thank you Brown Family Law!
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I wholeheartedly recommend Brown Family Law, especially Anne Greyson as your attorney. I am incredibly grateful to Anne, my attorney, Idania Blandon, the paralegal, and everyone at Brown Family Law for their outstanding work. Anne made the entire process easier to navigate. I was consistently kept updated on my case through texts and emails. Whenever I had questions or concerns, Anne was quick to respond and offered exceptional advice.

The kindness, support, and compassion she showed me were invaluable during this journey. Five stars don’t do justice to Anne’s contributions; there aren't enough stars in the universe to reflect her dedication and hard work. Anne's professionalism was evident, and she helped me achieve a resolution that far exceeded my expectations. If you're seeking a reliable attorney, look no further than Brown Family Law, and trust that Anne is the right choice for you.
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Andrew, Carren and the whole team were fantastic to work with
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I truly had a great experience working with Daniel and Carren. Divorce and lawyers are never where you want to end up, but they really made the whole process bearable. They always communicated with me, responded to messages, and were clear about what they were doing.

Loved them but also hope I never have to see them again, you know?
Response from the owner:Jordan, I hope we never see you again either (that's a joke, but seriously), but I'm glad Daniel and Carren helped you so well with your divorce.
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At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.