When empty-nesters decide to divorce

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When empty-nesters decide to divorce

By The Law Offices Of James A. Cuddy, LLC   |   Apr 21, 2026   |   Divorce

There are many different divorce trends that you can look at to see when it is likely to happen. Divorce rates are different for different age groups, for example, and there is often a correlation between marriage age and the odds of divorce.

One interesting trend that researchers have found is that of empty nest divorce. When the children move out of the home, parents become empty-nesters, and this leads to a slight uptick in divorce odds.

Why does this happen?

These empty nest divorces can happen for a variety of reasons, including:

  • Parents intentionally waiting until the children grow up to file for divorce
  • Couples who were so distracted by parenting that they overlooked issues with their own relationship
  • Couples who find that they have different plans for their future now that they are entering a new stage in life

For those who have spent decades as parents, becoming empty-nesters is a major change, and it sometimes provides the catalyst for the end of a marital relationship.

How does it impact a divorce case?

One clear impact of being empty-nesters during a divorce is that couples do not have to deal with child custody issues. Their children are already legal adults, so they do not have to divide physical or legal custody.

But do not make the mistake of thinking this means it will be a simple divorce. Older couples often have more financial assets, and they may also be dealing with complex assets, like retirement funds, real estate, property ownership or business ownership. So the divorce can be more complicated at this older age.

Your rights during a divorce

Are you an empty-nester who is moving toward a divorce this year? Be sure you are well aware of your legal rights and the steps you can take to protect them during this process.

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