Fields and Dennis LLP

  • Our Firm
    • Our Approach and Philosophy
    • News and Media Coverage
  • Attorneys
    • Sheryl J. Dennis
    • Jonathan E. Fields
    • Vicki L. Shemin, J.D., LICSW, ACSW
    • Hugh F. Ferguson, Ph.D.
    • Andrea E. DeLaney
    • Wendie E. Murstein
    • Jonathan Crafts
    • Support Staff
      • RIKKI B. SAKSIK
  • Practices
    • Online Divorce Mediations
    • Fledgling Estate Plan for Millennials
    • Family Law
    • Divorce
    • Dispute Resolution
    • Estate Planning
    • Elder Law
    • Guardianship
    • Probate
    • Real Estate Law
    • Civil Litigation
    • Business Litigation
    • White-Collar Criminal & Regulatory Defense and Investigations
    • Mediation
    • Collaborative Law
    • Parent Coordinator
    • Arbitration
  • Resources
    • Covid 19 / Coronavirus Resource Page
    • Fledgling Estate Plan
    • Legal Information
    • Significant Cases
    • Psychology of Divorce
    • Cyber Issues and Divorce
    • Books + Videos
  • Blogs
    • Fields and Dennis LLP Blog
    • Divorce And Mediation Blog
    • Massachusetts Estate Planning Blog
  • Contact
    • Online Consultations & Mediations
    • Map & Directions
    • Pay Invoices Online
    • Contact Us
  • What Others are Saying
  • (781) 489-6776
You are here: Home / Divorce / Can Estate Planning Prevent Divorce?

Can Estate Planning Prevent Divorce?

The number of Americans over 65 who are divorced has radically increased in the last 15 years and elder law attorneys believe that money is partly to blame.  The amount of couples over 65 that are divorced has risen nearly 60% since 1990 whereas the overall amount of couples divorced has risen only 8%.  The issue of fighting over money causing divorce isn’t news, but in the case of couples 65 and older divorce is in fact conducted to preserve the money.

One of the common factors between many of the older couples getting divorced is that one of the spouses needs long term care and nursing home stays.  Medicare, the government insurance program for people over 65, does not cover such long term care options.  Medicaid, the Government program for low-income individuals does cover such programs; however, it can’t be used until a person exhausts all his resources.  When one of the spouses gets sick, many married couples have to decrease most of their assets to qualify for Medicaid, leaving little money for the healthy spouse.  If the couple divorces, the healthy spouse may be able to preserve many of her assets.  Elder Law attorneys suspect that this proposition is the main reason why the amount of older couples divorcing has sharply risen.

In addition to money leading to elder divorce, Barbara Waxman, an executive and life coach in San Francisco, states that “many people, especially women, emerge from busy child bearing years with time to re-evaluate their lives and their partners, and decide that they want a relationship that works.”  Mediated divorces are usually the perfect choice for these older couples because there is usually no hostility in the split, and often the split is actually commenced to help the other spouse preserve their assets.

The desire to preserve assets for the healthy spouse is still the greatest cause of divorce in aging couples.  There is another way to preserve assets, however, and that’s to carry out proper estate planning.  An experienced estate planning attorney can help couples properly plan for the costs and decisions involved in a long term care situation and can reduce the need for divorce as the only means to preserve assets.  Estate planning is essential in order to properly plan for illness and aging so that the best option is not divorce or reducing the couples assets so they can qualify for Medicaid.

Filed Under: Divorce, Estate Planning Tagged With: Divorce, Elder Law, Estate Planning

Contact Us

Phone: 781.489.6776
Fax: 781.489.6233
80 William Street — Suite 210
Wellesley, MA 02481 USA

Recent Posts

Vicki L. Shemin, J.D., LICSW, ACSW receives the Avvo Clients’ Choice Award Badge for 2021

January 14, 2021

Vicki L. Shemin, J.D., LICSW, ACSW was presented with Avvo Clients’ Choice Award Badge for 2021. This award is given to attorneys whose outstanding legal services have resulted in highly satisfied clients. There’s nothing that an attorney can do to ask for a Clients’ Choice Award. Instead, Avvo makes the award based only on quality […]

Attorney Jonathan Fields Quoted in Massachusetts Lawyers Weekly

January 5, 2021

Snap Judgments: Lawyers predict issue that will dominate legal landscape in 2021 By: Kris Olson December 31, 2020 (From Massachusetts Lawyers Weekly)  Q. Prediction time: What issue on the horizon will dominate the legal landscape in 2021?   “Five hours of time for a five-minute hearing has never seemed so wasteful. With the experience of remote hearings, will […]

Please Support Fields and Dennis LLP’s Fundraiser for K9s For Warriors

December 21, 2020

K9s For Warriors saves both warriors and rescue dogs. The program serves our warriors with service-connected Post-traumatic Stress Disability (PTSD) traumatic brain injury (TBI) and/or military sexual trauma, which can be deadly disorders. A trained rescue dog is paired with a warrior and the two meet for two weeks of training together at one of […]

A Divorce Practitioner’s Bitcoin Primer

November 30, 2020

As published in the Journal of the American Academy of Matrimonial Lawyers. By Richard West and Attorney Jonathan Fields

Fields and Dennis LLP Ranked as Top Tier Boston Family Law Firm in Best Lawyers Best Law Firms 2021 Edition

November 23, 2020

Fields and Dennis LLP is proud to announce that we have been ranked as one of Boston’s Top Tier Family Law Firms in US News & World Report’s Best Lawyers Best Law Firms 2021 Edition. The US News & World Report rankings are based on a rigorous evaluation process and is one of the most trusted […]

Contact Us

Please use the contact form below to email Fields and Dennis LLP.

    Your Name (required)

    Daytime phone (required)

    Your Email (required)

    Brief description of your legal issue:

    Sending a message to Fields and Dennis LLP does not constitute an Attorney Client relationship. Please review our Communication Policy before sending any messages.

    Location

    FIELDS AND DENNIS LLP
    80 William Street — Suite 210
    Wellesley, MA 02481 USA
    (T) 781.489.6776
    (F) 781.489.6233

    You can also find us on…

    Recent Blogs

    • Vicki L. Shemin, J.D., LICSW, ACSW receives the Avvo Clients’ Choice Award Badge for 2021
    • WHAT YOUR DIVORCE LAWYER WANTS YOU TO KNOW BUT WOULD NEVER TELL YOU TO YOUR FACE – New Article by Attorney Vicki L. Shemin Published in Thrive Global
    • Attorney Jonathan Fields Quoted in Massachusetts Lawyers Weekly
    • Please Support Fields and Dennis LLP’s Fundraiser for K9s For Warriors
    • A Divorce Practitioner’s Bitcoin Primer

    Recent Firm News & Coverage

    • Vicki L. Shemin, J.D., LICSW, ACSW receives the Avvo Clients’ Choice Award Badge for 2021

    • Attorney Jonathan Fields Quoted in Massachusetts Lawyers Weekly

    • Please Support Fields and Dennis LLP’s Fundraiser for K9s For Warriors

    • A Divorce Practitioner’s Bitcoin Primer

    • Fields and Dennis LLP Ranked as Top Tier Boston Family Law Firm in Best Lawyers Best Law Firms 2021 Edition

    The Boston metro family law, divorce and estate planning attorneys at the law firm of Fields and Dennis LLP are based in the Newton Wellesley area and serve the city of Newton: Auburndale, Chestnut Hill, Newton Centre, Newton Corner, Newton Upper Falls, Newton Lower Falls, Nonantum, Oak Hill, Waban and West Newton and town of Wellesley: Babson Park, Wellesley Hills, Wellesley Square Fields and Dennis also serves many clients in the Greater Boston and Massachusetts region including Ashland, Dover, Holliston, Medfield, Needham, Sherborn, Westwood, and all of Massachusetts.

    Copyright 2020 Fields and Dennis LLP

    Attorneys | Divorce Attorneys | Estate Planning Attorneys | Firm Overview |

    Disclaimer | Privacy Policy | Contact | Pay Invoice