Las Vegas Family Law Firm Addresses Surge in 'Gray Divorce' Filings with New Collaborative Legal Model

Gastelum Attorneys launches "Team on Every Case" approach as Clark County sees record divorce filings among couples over 50

LAS VEGAS, Jan. 21, 2026 /PRNewswire/ -- Something unusual is happening in the family courts of Southern Nevada. While national divorce rates have held steady for years, the Clark County Family Court has seen a sharp uptick in one specific demographic: couples over 50.

Attorneys who practice family law in Las Vegas call them "Silver Splitters" — retirees and near-retirees ending marriages that have lasted 25, 30, sometimes 40 years. And according to Jennifer Setters, Managing Partner of Gastelum Attorneys, these cases require a fundamentally different legal strategy than the divorces most law firms are built to handle.

"When a couple in their 30s divorces, you're typically dealing with a house, maybe some retirement accounts, and questions about child custody," Setters said. "A couple in their 60s? You're untangling decades of accumulated wealth, pension calculations, Social Security timing decisions, Medicare eligibility — the stakes are completely different."

Why Gray Divorce is Different

The financial complexity of late-life divorce is staggering. Consider a husband who worked for the same company for 35 years and built up a traditional pension. Under Nevada's community property laws, his spouse is entitled to half the marital portion of that pension. But calculating exactly what qualifies as "marital" versus "separate" property requires what family law attorneys call the "Time Rule" — a formula that accounts for when contributions were made relative to the marriage dates.

Get that calculation wrong, and one spouse could lose tens of thousands of dollars they're legally entitled to.

Then there's the question of Qualified Domestic Relations Orders, or QDROs. These specialized court orders are required to divide 401(k)s and pensions without triggering early withdrawal penalties or unexpected tax bills. "I've seen cases where a divorce decree looked fine on paper, but nobody filed a proper QDRO," Setters explained. "The client didn't realize anything was wrong until they tried to access their share of the retirement account and got hit with a massive tax penalty."

Healthcare adds another layer. Spouses who have been covered under a partner's employer plan for decades may suddenly need to navigate COBRA, marketplace insurance, or early Medicare enrollment. For divorces involving marriages of 10 years or longer, there are also Social Security strategies to consider — a divorced spouse can claim benefits based on their ex's work record, but only if they understand the rules.

The "Team on Every Case" Model

Gastelum Attorneys, which operates from its Downtown Las Vegas office at 718 S 8th Street, has responded to the gray divorce trend by restructuring how it handles cases entirely.

Rather than assigning a single attorney to each client — the traditional law firm model — the firm now uses what it calls a "Team on Every Case" approach. Eight professionals touch every file, each contributing specific expertise. One attorney might focus on courtroom strategy and litigation, while another concentrates on forensic analysis of complex assets like business interests or real estate portfolios.

"We found that the old model just doesn't work for high-asset divorce," said Setters, who founded the firm in 2018. "If your attorney is in trial all day, your case isn't moving forward. With our team structure, someone is always available to push things along."

The firm also maintains bilingual capability in English and Spanish — a practical necessity in Southern Nevada, where explaining the technical provisions of Nevada Revised Statutes to Spanish-speaking clients can make the difference between a client who understands their legal position and one who doesn't.

Favoring Resolution Over Litigation

Despite being prepared for contested cases in Clark County Family Court, Gastelum Attorneys takes what Setters describes as a "strategic restraint" approach. The firm prefers private settlement negotiations and mediation over public courtroom battles when possible.

"For a lot of our gray divorce clients — business owners, medical professionals, people with public profiles — keeping financial details out of court records matters," Setters said. "Mediation isn't about being soft. It's about getting a good outcome without the collateral damage."

That philosophy extends to how the firm communicates with clients. Rather than the adversarial, fear-based messaging common in family law marketing, Gastelum Attorneys has built its practice around what Setters calls "news you can use" — practical guidance that helps clients understand their options without stoking anxiety.

Looking Ahead

As Baby Boomers and early Gen Xers continue to age, legal professionals expect the gray divorce trend to persist for at least another decade. For retirees in the Las Vegas Valley considering their options, the message from family law attorneys is clear: don't treat a late-life divorce like an early-life one.

"Your 60s are not the time to wing it with your finances," Setters said. "The decisions you make in your divorce decree are going to affect every year of your retirement. Get them right."

About Gastelum Attorneys

Gastelum Attorneys is a Las Vegas family law firm serving clients across Clark County, including Las Vegas, Henderson, and North Las Vegas. Founded in 2018 by Jennifer Setters, the firm handles divorce, child custody, spousal support, adoption, guardianship, and other family law matters. The firm operates from 718 S 8th Street, Las Vegas, NV 89101 and maintains bilingual services in English and Spanish.

Contact:

Gastelum Attorneys

718 S 8th Street

Las Vegas, NV 89101

Phone: (702) 979-1455

Email: [email protected]

Website: www.gastelumattorneys.com

New Beginnings, Brighter Tomorrows

SOURCE Gastelum Attorneys