For some couples, a divorce follows becoming empty nesters. These are couples who have been living together and jointly raising their children, likely for decades. But the children eventually move out of the house and go on with their own lives, and these parents become empty nesters.
It is true that this type of divorce can be a bit different than splitting up at a younger age. In some ways, it is easier. Child custody issues are a common source of conflict in divorce cases. But for empty nesters, the children are no longer minors, so the parents do not have to split up either physical or legal custody. This can simplify the process and help them avoid some of these disputes.
Finances may be more difficult
However, an empty nest divorce naturally comes at a later time in a person’s life, which can mean that the financial side of the equation is more complex.
For instance, if empty nesters are in their 50s or 60s, they may be preparing for retirement. They need to figure out how to split up retirement benefits, investments and savings. These couples are also more likely to own substantial assets like a small business or a family home.
As people get older and accumulate more assets, marital property division can become more complicated. So, while a divorce may be easier for these couples from a child custody perspective, it can be harder from a financial perspective.
Navigating the process
When going through a divorce, it is important for parents and empty nesters alike to understand all of their rights and their legal obligations. It may help to work with an experienced law firm at this time.