Some divorce cases happen after the children have moved out of the house. These parents may have been together and married for years, but they have become empty nesters, and now they have decided to end the marriage. Because the parents are entering this stage in life, it simplifies the divorce in some ways. They do not have to figure out a child custody schedule, for example. There are no debates over either physical or legal custody, at least in most cases.
Many couples with minor children find it difficult to sort out these custody details or to maintain a long-term relationship as co-parents, but empty nesters do not face these same hurdles. Instead, they have other areas of concern.
Retirement and financial issues
It is worth noting that many empty nesters are also approaching retirement age. This can complicate the financial side of a divorce.
They may need to think carefully about how to divide savings and investments. They may have been earning retirement benefits or even a pension plan through their various employers. They have to determine which benefits qualify as marital assets and how they can be divided after the divorce, perhaps using a qualified domestic relations order (QDRO).
Even outside of retirement benefits, the financial side of the divorce is often just more complex because older couples tend to have more assets. This goes beyond their strictly financial assets, such as bank accounts and savings. They may also have to consider business ownership, tangible assets, valuable collections and real estate, like a family home or vacation property.
As such, divorce can get complicated for parents in any age bracket. They need to understand exactly what legal steps to take while addressing property division and other issues that can affect their future financial stability.