Moving out during a divorce is a significant choice and can have legal and personal consequences. Whether making the move is a mistake depends on your priorities. The decision may be more complicated if you want to keep the home post-divorce, want primary custody of children who have lived there, or are concerned about the financial implications of having separate households. Yet, your safety and comfort should be a priority, too.
Pakpour Banks LLP is a California divorce law firm that provides compassionate, results-oriented legal representation for clients navigating complex family law issues. We are committed to guiding you through every stage of the process. If you want or need to move out before your divorce is final, we can help you do it correctly.
How Does Moving Out Affect Divorce?
Before deciding whether to continue living with your future former spouse, you may wonder, Does moving out affect divorce? Moving out can affect the divorce, for better or worse.
While a divorce is pending, courts may issue temporary orders addressing issues like property, child custody, child support, and spousal support. Temporary orders often focus on maintaining personal and financial stability during divorce proceedings. They do not bind the court, but may influence the final outcome.
Property
Temporary orders may specify who remains in the marital home and who is responsible for ongoing expenses, such as mortgage payments and utilities. Moving out can make it appear that you are not interested in keeping the property or limit your ability to maintain its good condition.
Child Custody and Parenting Time
A temporary child custody and parenting plan establishes which parent cares for the children and when. Moving out can complicate custody arrangements. Courts prioritize stability, which frequently means letting them continue to live in the marital home. A parent who remains there gains a leg up in an argument that the child should primarily live with them.
Spousal and Child Support
Temporary spousal and child support help cover daily living expenses, housing, and other necessary costs while the divorce is pending. Child support is generally obligatory, while spousal support depends on factors like each spouse’s ability to support themself and ability to pay.
Spouses who live together during the divorce process may still combine certain expenses, like rent or mortgage payments. Once each spouse has their own separate living expenses, the calculus for child and spousal support changes.
If the paying spouse moves out, their support obligations may increase or decrease, depending on how withdrawing their income from the household affects the other spouse. Conversely, if the recipient moves out, their financial needs may increase or decrease.
Practical and Emotional Considerations
Moving out can also have practical and emotional effects, which can vary significantly from couple to couple and circumstance to circumstance.
Safety and Physical Well-Being
If one spouse subjects the other to domestic violence or abusive behavior, moving out can be critical for safety and well-being. You may need to move if your home environment has become hostile, unpredictable, or dangerous.
Living Expenses
Maintaining separate households can be financially challenging, especially if you are responsible for ongoing joint expenses like mortgage payments or utility bills. On the other hand, if maintaining the marital home is financially unsustainable, moving out might be a practical choice for both spouses.
Mental and Emotional Well-Being
Living with someone you do not get along with can become stressful, especially if the tension negatively affects your children. Sometimes, separating households can create a more stable, supportive environment for children. You can also begin to separate your lives and gain independence. However, leaving your home can be emotionally challenging, increasing stress and affecting your mental health during an already difficult time.
Access to and Control of Property
Once you move out, you may have limited access to important documents, personal belongings, and other property. You may also have less influence over property maintenance and value over time. On the other hand, you may separate property and establish a case for keeping it.
Consult a Divorce Attorney
Before deciding whether moving out during a divorce is the right decision, you should speak with a divorce attorney. We can explain your rights, evaluate the potential consequences of moving out, and develop a strategic plan. If you are considering moving out, contact Pakpour Banks LLP to schedule a consultation and learn more about your options.
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.