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: Marco Brown
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Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.

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I would absolutely recommend Brown Family Law. In my situation, I paid the consulting fee and met with an attorney. In this meeting, the attorney was very kind and honest. After going through the details of my concerns, he informed me that it was highly likely that taking my concerns to court would cost more than what I'd see back. He also offered to refund the original consulting fee. I felt heard and trusted the advice he provided and decided to not move forward. I felt so much better after just talking with him even though the outcome wasn't what I wanted. At least I know now and am not constantly wondering. Thank you Brown Family Law for giving me peace of mind and for being so trustworthy.
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Nathaniel and his team were incredible to work with! They were extremely thorough, responsive to my questions and kept me informed the whole time. I would highly recommend Nathaniel or anyone at Brown Family Law if you’re going through a divorce.
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Would like to shoutout Andrew Christensen for a smooth and easy process throughout the divorcé process. Andrew was always quick to respond and definitely has your best interests In mind. I would highly recommend you let Andrew represent you for anything in regards to family law! Thank you for everything Andrew! You’re the best!!
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Had a zoom video consultation with Daniel today, he was amazing. Where the divorce was completed a few years ago and now modifications need to happen regarding custody and how far apart the parents can live, Daniel put us at ease as to what can be done, and what were the proper steps. He provided many example scenarios so we could have a much better understanding as to how things would or could happen. He answered each question with great detail. Very grateful for Daniel
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Daniel Young and Carren Levitt from Brown Family law have been very kind to me during my court process. It’s been a lengthy process and during this process, one of my grandchildren needed surgery. They were very thoughtful and kind and sent flowers to her. I have a cognitive delay, They have been very kind and compassionate and patient with me. The whole staff is truly been kind.
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Had an hour consultation. Answered all the questions I had, explained everything in an understandable way and followed up.
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Carren and Jason were very helpful and quick to respond to my questions and concerns as we worked through my divorce, I would recommend them to anyone.
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I cannot say enough good things about Brown Family Law. Amy was my attorney and she was great! She always listened and responded quickly. Thanks to her, my case was resolved quickly. Thank you, Amy.
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I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!
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Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!
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Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.
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At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.