Canadian Lawyer

March 2015

The most widely read magazine for Canadian lawyers

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40 M A r C h 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m few years ago Steven Benmor found himself in divorce court representing an 82-year- old client seeking to end a long-term marriage. After decades of living with the same man, she was divorcing her abusive husband. "They had fought over the years but this time he hit her and she said 'screw you' and went to the police. He was arrested and removed from the home. The children came out of the dark to help her and took sides. That created the divorce," he says. It used to be the seven-year itch, a mid-life crisis around 40, or empty nesters were the three typical groups seeking divorce. Increasingly though, a fourth category has emerged over the years — those over 55 who no longer want or feel the need to stay in unhappy marriages. "In some respects it's quite shocking," says Benmor of Benmor Family Law Group in Toronto. "When I have somebody the age of 75 or 80 walking into my office and saying, 'I'd like to divorce my husband.' I can't help but be floored and think what is going on here? These are grandparents. Why is a grandparent divorcing?" He chalks it up to societal changes that include people living longer, delay- ing retirement, and generally pushing life events until they are older. "Some start thinking, 'I'm 55, do I really want to be with her/him for the next 30 years?'" L E g A L r E p o rt \ fA M I Ly L AW Jeannie Phan With the children gone, and maybe a long life ahead, issues like pensions become huge factors in breakup decisions. By Jennifer Brown Grey divorce is all about the math A

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