When young parents file for divorce, child custody issues often take precedence. Both parents want to understand their legal and physical custody rights. They want to be involved in their children’s lives and have a right to raise them, live with them and make important decisions for them.
When empty nesters decide to file for divorce, though, the children have already moved out of the house. There are no child custody issues to address. An empty nest divorce is more likely to focus on asset division, such as splitting up savings, investments, retirement benefits and tangible assets, like a home or a vacation property.
Why do these divorces happen?
People are sometimes surprised to hear about an empty nest divorce because the couple has been married for decades. Why would they decide to get divorced at this late stage in their relationship?
In some cases, the relationship has not been good for a long time. People may have just been staying together to raise the children, but they want to go their separate ways now that that responsibility has ended.
In other cases, becoming empty nesters significantly changes their relationship dynamic. Since they are no longer focused on working together as parents, they may find that they want different things out of life or that they no longer connect the way that they used to. It may be time to end the marriage.
Your divorce options
Divorce at any age can be complicated. If you and your spouse are splitting up, make sure you know what options and legal rights you have.