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Marriage and Divorce in the Twilight Zone

Abstract

The past decade has shown a modest increase in the number of marriages and a dramatic increase in the divorce rate. In 1975, there will be almost one million divorces and about twice as many marriages in the United States. While the last 10 years have seen an 80 percent increase in the overall divorce rate, there has been a smaller but significant increase in divorces involving persons in the higher age groups. For example, it has been estimated that at least 25 and perhaps 40 percent of the women now aged 35 will be divorced by age 50.

Some of the reasons for the increase in twilight or December marriages and divorces are obvious and the result of general trends. However, there are special reasons for marriage or divorce which, although not peculiar to older citizens, are present in a more marked degree. The following discussion will attempt to explore these considerations and their legal consequences. Two areas of current financial significance to senior citizens have been singled out for comment: antenuptial contracts, and divorce and its economic consequences.

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17 Ariz. L. Rev. 462 (1975)

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