Divorce for childless couples in New York can have a different focus than when parents split up. While divorces for both types of couples can be emotionally charged, the absence of children means that negotiations will revolve around financial issues.
What are the main concerns?
The main divorce concern for childless couples revolve around their finances and their financial stability. Some of the issues childless couples might negotiate include:
- Spousal support
- Division of property
- Separate property
- Retirement accounts
How is spousal support addressed by childless couples?
The way childless couples handle spousal support will depend on their marital and individual situations. If the spouses earn about the same and can both cover their expenses after the divorce, there might not be a conversation about spousal support. However, if one spouse earns more than the other, spousal support amounts and the length of time these will be paid might be a major aspect of the negotiations. In some cases, spouses who might legally be eligible to receive support might decline it to make a definite break from their ex-spouse.
Division of marital property and separate property
The more complicated conversation might be about the division of property and debt for childless couples and what constitutes separate property. If, for example, one spouse had bought a home before marriage or inherited the home from a relative, the other spouse might agree that this is separate property. However, any improvements made with marital funds and the increase in the value of the property due to these improvements could be considered marital property that needs to be divided during the divorce.
As childless couples go through a divorce, they experience pain, grief and anger. However, the possibility of making a total separation, possibly never seeing their ex-spouse again, should also result in honest, hard conversations about how finances will be divided.