When the couple married, they were senior citizens. They thought they had made adequate preparations.  There was a prenuptial. It was specifically drawn.  However, something happened that they did not plan for:  the husband suffered from dementia after the marriage.  As sometimes happens, the children of the husband came into conflict with the wife. In fact they had the wife removed from the couples’ condominium alleging that she was abusive.

In this actual case that arose in South Florida a settlement was eventually reached. This occurred after much litigation and cost.1  This situation illuminates problems that family lawyers and attorneys experience when representing older couples who decide to marry.

When older couples marry, they should consider what happens not only when one of them dies but also when one of them becomes incapacitated. Legal documents such as durable powers of attorney should be considered.  Issues such as who will be in charge of finances and medical decisions should be discussed.

With adequate planning there is no reason why marrying older couples should not experience happiness, without the stress of potential conflict between their spouses and their children. We specialize in Family Law in the Clearwater, Tampa, Palm Harbor area, and can help you with this planning.

by Patrick Gaffney

by Patrick Gaffney

1 Musgrave, Jane.  “Palm Beach divorce case ends with warnings to older couples”.  November 29, 2015.  The Palm Beach Post.