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One should take caution when moving out prior to divorce

Simply put, leaving the family home may in some circumstances amount to abandoning one’s family. While in some cases the spouses think it would be beneficial for the children to not hear the couple fighting, moving out could have significant consequences when it comes to child custody. It could be seen as an indication that one’s children are not necessarily important.

In addition, it may be the case that if an individual moves out of the couple’s shared residence, that individual may still be responsible for paying the bills and mortgage on that residence while the divorce is pending, even if they are no longer living there. They might even be obligated to pay for the other spouse’s living expenses. When this happens, the court may see this as proof that one is able to keep paying for the costs associated with the marital home even after the divorce is finalized. However, if one spouse’s name is on the home mortgage or the rental lease, that individual has every right to stay in the family home as the other spouse does.

Spouses should also keep in mind that the marital home may be considered marital property in many circumstances. This means that it will be subject to the property division process. In some circumstances one spouse or the other will retain the marital home. In other circumstances the home will be sold and the proceeds will be split between each spouse.

Instead of moving out, there are some better options for divorcing spouses. If possible, one spouse can move to a second bedroom to avoid having to interact with their ex. If a couple has children, this can also allow each spouse to spend quality time with the children. In the end, it may be in one’s benefit to stay in the marital home, despite the tensions this may cause.