The Siemon Law Firm Divorce and Family Law Attorneys, P.C.

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Last updated on April 15, 2025

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To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

Experienced Georgia Gray Divorce Lawyers

Last updated on October 7, 2025

A gray divorce is a divorce between spouses aged 50 or older. A divorce after 50 usually means focusing on wealth and retirement fund preservation.

At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., our Georgia attorneys have extensive experience handling late-life divorce cases. Located in Atlanta, Cumming, Alpharetta and Marietta, we can guide your gray divorce and help you prioritize a stable financial future.

Property Division In A Georgia Gray Divorce

Georgia follows equitable property division laws, meaning marital assets are divided fairly, not necessarily equally. Marital property includes assets acquired while married, and separate property refers to premarital or inherited items. 

  • Retirement as marital property: Contributions and growth in retirement funds during marriage may be subject to division 
  • QDRO: A Qualified Domestic Relations Order helps divide employer-sponsored plans, like pensions or 401 (k) s, without penalties or taxes 
  • Tax implications: Dividing pretax accounts or investments may trigger tax consequences like capital gains
  • Social Security: In marriages of 10 years or longer, a spouse may collect Social Security benefits based on the other’s record without reducing their benefits
  • Marital home: Deciding whether to keep or sell involves emotional and financial concerns – keeping it sometimes introduces financial strain

The Siemon Law Firm Divorce and Family Law Attorneys, P.C., has extensive experience drafting and executing high-asset divorce documents, including precise QDROs that help protect your post-divorce finances.

Will You Get Or Pay Alimony In A Gray Divorce?

Spousal support is often awarded in a gray divorce when one spouse has a limited earning capacity after a long-term marriage. Courts consider multiple factors when making spousal support decisions, including these key points:

  • Alimony in long-term marriages may be possible when a spouse has few economic resources and has spent years supporting the household
  • Judges consider lifestyle during marriage, each party’s financial resources and the time needed to become self-sufficient under Georgia alimony factors (O.C.G.A. §19-6-5)
  • Retirement status can influence both the duration and amount of spousal support
  • Permanent alimony is rare but more commonly awarded in gray divorces
  • Under the Tax Cuts and Jobs Act, alimony payments from post-2019 agreements are no longer tax-deductible for the payer or taxable for the recipient

We can help you understand how spousal support works in your unique divorce over 50.

Protect Your Future With Trusted Georgia Divorce Counsel

The Siemon Law Firm Divorce and Family Law Attorneys, P.C., is here to help with your Georgia gray divorce. Call 770-215-0947 or contact online today to schedule your consultation. We serve Atlanta, Cumming, Alpharetta and Marietta.