According to a recent study out of the University of Minnesota, several key government surveys over the past few decades may be providing inadequate, or even flawed, marital statistics and data - leading to an underestimation in the amount of instability that actually exists among married couples. Indeed, these statistics have, according to the study, generated the mistaken belief that divorce rates have been remained stable, or even declined, over the last several decades.
Specifically, researchers involved in the recent study noted that the two government surveys typically relied upon when examining marital data - the Vital Records and Survey of Income and Program Participation - have deteriorated over the years as a result of the lack of government funding. Fortunately, those involved with the recent study were able to use the results of a more comprehensive survey known the American Community Survey.
In fact, using data from this different survey, researchers discovered that there has been a substantial increase in divorce rates for certain age groups. For instance, over the past two decades, divorce rates among those over the age of 35 have alarmingly doubled. A large part of this particular increase can be attributed to the significant number of divorces among Baby Boomers.
Interestingly, while the study found that divorce rates among younger couples have remained relatively stable, this may be due to the fact that fewer individuals in this age group are electing to get married, choosing cohabitation instead.
Additionally, when researchers controlled for changes in the age distribution of the married population, they discovered that the age-standardized divorce rate actually increased by 40 percent.
Gray divorce on the rise
Divorces among the older Baby Boomer generation - often referred to as gray divorces - can be particularly concerning given the unique set of issues specific to this age group. For instance, many of these couples have been married for decades, meaning they have been building and commingling assets for several years. These assets can include businesses as well as pensions and other retirement accounts, which are all of obvious significance given that many Boomers are nearing retirement.
In the case of a Texas divorce, state law expressly dictates that a court shall determine the rights of both spouses in all retirement plans, including IRAs, 401ks and pensions. However, dividing this property is easier said than done, as it is often necessary to trace the origins of the assets to find out if they are considered community or separate property. But, this tracing process can become increasingly complex after decades of marriage.
Accordingly, if you are considering divorce and have accumulated significant assets while with your spouse, it is often best to seek the counsel of an experienced divorce attorney. A skilled attorney can help explain your options as well as investigate the nature of your assets.