It is a significant life change for parents when their children move out of the house. Even when children simply go to college and are still coming home over summer break, empty nesters find themselves in a very different stage of life. They may have been parenting young children for decades, but then everything changes.
In some cases, this change leads to a divorce. The distraction of parenting may have covered up significant issues in the couple’s romantic relationship. They may view the future much differently and discover that their plans are not compatible. Becoming empty nesters can cause things to shift, and some couples decide that it is time to end their marriage.
Complicated property division
In some ways, this type of divorce is much easier because the parents do not have to deal with child custody issues. But it can still be very complicated from a property division standpoint.
On one hand, the couple has been married for so long that their lives are financially intertwined. They have many shared assets, such as their family home, savings accounts and investments.
Additionally, parents may become empty nesters just a decade or so away from retirement. They have to consider what it will mean for retirement if they end their marriage and split up their savings. They may also need to consider whether one spouse has earned retirement benefits or a pension, as these assets can sometimes be divided during property division.
In this sense, while an empty-nest divorce may be simpler from a custody perspective, it is still very important for spouses to understand exactly what legal options they have when ending their marriage and focusing on their future.