Cost of Divorce on Businesses

Since California instituted the no-fault divorce law in 1969, divorce rates have steadily increased. While it’s debatable whether the number of divorces would have remained steady without this law, the nationwide adoption of no-fault divorce laws has coincided with divorce rates reaching pandemic levels. There is a substantial cost of divorce on businesses.

Today, the average divorce rate for first marriages is around 50%, and it jumps to 67% for second marriages. These rates, combined with the unmeasured “invisible divorce rate”—the number of couples who are married but disengaged and living in unhealthy relationships—highlight the significant impact of marital issues on businesses.

The Harvard Business Review estimates that divorce costs US businesses around $150 billion annually. Despite this, businesses are failing to take proactive steps to quantify and manage this stealth risk. Unlike other risks that can be transferred to insurance carriers, businesses have no option but to self-insure against divorce risk. Unfortunately, the landscape of self-insurance tools and resources for this issue is sparse.

The Growing Divorce Industry

As the cost of divorce on businesses continue to rise, so too does the divorce divorce industry, with some estimates valuing it at $28 billion per year and a national average cost of $20,000 per divorcing couple. The Institute of Divorce Financial Analysts reports that approximately 50% of divorces are “pro se” divorces, which do not involve litigation. However, divorces with high contentiousness and financial complexity are more likely to incur greater litigation expenses. This suggests that about 25% of all marriages are likely to end in litigation.

 

The Core Problem

The core problem lies in the mismatch between a divorce case’s characteristics and the family court’s process for legally ending a marriage. Family courts follow standard procedures that work well for amicable exits but are not effective for highly contentious couples or those with complex financial situations. These cases often result in “avoidable costs” on top of the baseline “unavoidable costs” inherent in every divorce.

Avoidable costs include not just money but also time, energy, and health. These factors directly impact a business’s bottom line through productivity declines, increased absenteeism and presenteeism, resignations, quality and safety issues, and the spread of stress to other employees.

The Financial Stress of Divorce

In addition to the direct costs, there is a rise in the employee’s financial stress. PricewaterhouseCoopers conducts an annual financial wellness survey (2023 linked) that routinely reveals financial stress as the number one stressor in families’ lives. This stress often precedes divorce and skyrockets during the process, as divorcees face increased worry about their future and a sense of loss regarding their accumulated assets.

Expanding Employee Assistance Programs

Many business leaders and human resource managers are expanding services through Employee Assistance Programs (EAPs), offering access to legal counsel and psychotherapy. However, businesses cannot guarantee that these services will reduce costs for the employee and the business. Moreover, the therapy timeline doesn’t always align with the divorce timeline, deferring the immediate need. Coupled with the delicate nature of these conversations, the potential risk management outcomes are not as effective as they could be.

Proactive Solutions

The cost of divorce on businesses should be treated in a proactive fashion as other  systemic threats, like cyber risk. They can invest in awareness training and implement support tools to prevent and mitigate the impacts of divorce. This proactive management could involve aligning with Certified Divorce Coaches who can help employees navigate the divorce process, mitigate mistakes, develop strategies, and understand both the internal and external aspects of divorce. Additionally, Certified Divorce Financial Analysts (CDFA®) professionals can help employees manage the financial complexities inherent in their divorce.

Businesses can add these offerings to their EAP or align with respected professionals. Relying solely on attorneys to provide these resources can be a mistake, as they may not offer comprehensive support.

Benefits of Proactive Management

Proactively managing divorce risk and the specific cost of divorce on businesses can help businesses reduce the impact on their bottom line. It ensures employees receive the support they need, leading to improved focus, reduced stress, and better overall outcomes during the transition.