How Divorce Can Negatively Affect Women

 Posted on August 21, 2017 in Divorce

In the past, divorce proceedings were often heavily biased against wives, for a multitude of societal and anthropological reasons. Society has changed over time, as one might expect, but there are still very different issues that women face after a divorce than those affecting men. Women—especially older women—are often put in positions they are unfamiliar with and may require help in handling.

Financial Issues

One of the major issues that many women face, especially older women, is that financial concerns are often foreign territory. Especially in marriages among older people, finances are traditionally the responsibility of men, so women after divorce may find themselves at a disadvantage in handling their money. An experienced divorce attorney may be able to advise on how to keep your assets safe. For example, a living trust may be an effective way to keep your assets in a form that cannot be accessed by creditors.

Another financial issue often seen in newly-divorced women is the question of Social Security. Especially if the divorce has happened before either partner can claim Social Security benefits, many women are unaware of how to successfully apply for their lawful share of their spouse’s retirement benefits (if they are indeed entitled to a share). If your marriage lasted 10 years or longer, you are entitled to a share of your ex-spouse’s benefits—presuming he or she qualifies—if (1) it is more than the benefit you would receive based on your own work, and (2) you are unmarried and over 62 years of age. If you remarry, you are no longer entitled to any benefits earned by your ex-spouse.

Name Changes

The other major issue that women face after divorce has to do with name changes. Many governmental and legal items may need to be amended if you decide to adopt a new name (or go back to your old one), such as your passport and certain tax documents. However, at least in Illinois, the name change process is easier than in many others. Generally, the most common method for resuming your maiden name after a divorce is to request this in your petition. A competent divorce attorney will likely offer to handle this for you as part of your divorce proceedings. There are also other methods available, including a separate filing in circuit court.

It is important to be aware that in most cases, the only documentation you will require to prove a name change has required is your divorce decree. Divorce decrees are legal documents, and any government agency will take it as proof. If someone does not, it may be a matter in which your attorney can intercede.

Contact an Experienced Attorney

To discuss women’s issues after divorce does not mean that men do not face difficult questions of their own. Regardless of gender, if you are going through a complex divorce, it is always best to have an attorney on your side. Contact an experienced Lombard family lawyer at A. Traub & Associates today.

Sources:

http://www.law.siu.edu/selfhelp/info/health/livngtru.pdf

https://www.ssa.gov/planners/retire/divspouse.html