Child custody issues are not typically part of an empty-nest divorce. After all, this is a trend where couples get divorced after their children move out of the house. The youngest child graduates from high school and goes off to college, for instance, and the parents file for divorce that fall.
In some ways, this can certainly make a divorce easier. Some parents deliberately wait to become empty nesters before filing, thinking that it will simplify the process because there are no minor children or physical and legal custody concerns. But it is important to remember that there can still be complications, often revolving around finances.
Dividing marital assets
For instance, divorce means a couple has to split up marital assets. Young couples who have been married for just a few years may not have that many joint assets, but older couples who have been raising children for decades may jointly own nearly everything in their lives. This starts with simple things like bank accounts and home furnishings, but it can also extend to more complicated assets, such as homes, real estate, small businesses, shared investment portfolios and much more.
Addressing retirement concerns
Additionally, because of their age, empty nesters are getting closer to retirement. Many couples save for retirement together, or they plan to jointly use the retirement benefits that one of them is earning through employment. Getting a divorce means they have to determine how to split up these retirement assets and protect their future.
As you can see, even without child custody challenges, it is very important to understand all of the legal options you have while navigating an empty-nest divorce.
