An empty-nest divorce happens after the children move out of the house, when the parents decide that it is also time for them to bring their marriage to an end. Researchers have noticed a recent trend of empty-nest divorces, so it is worth considering how this can affect the case.
The first and most obvious impact is that, because the children are now adults who do not live at home, child custody considerations usually will not apply. Even if the youngest child is still just an 18-year-old college student, parents do not need to establish a formal custody order regarding parenting time or legal decision-making powers. That child is an adult and can choose how they want their relationship with their parents to continue after the divorce. The parents do not have legal rights over the child since they are no longer a minor.
Financial complexity
From a financial perspective, however, the divorce will probably be a bit more complicated. A couple in their 50s may have significant financial assets to divide, including investments, savings, stocks and things of this nature. They can also have more complicated assets, such as if one person is a small business owner or if the couple owns vacation property together.
At this age, they also need to be thinking about their retirement options. Couples may need to use a qualified domestic relations order, or QDRO, to split up retirement benefits being earned through an employer. If they have put aside savings or investments together specifically for retirement, they have to determine how to split those accounts as the marriage ends.
As such, an empty-nest divorce can still be complicated, even though child custody is not an issue. Couples must know what legal options they have.