Should I Move Out of the Marital Home?

During a Florida divorce many people are faced with the conundrum of whether to stay in the marital home. While there is clear-cut answer to this question there are several factors that should be considered in reaching a decision:

Safety

The first consideration should always be any personal safety risks involved in continuing to cohabitate in the family home. If the environment is unsafe it is important to get out of the situation and find other accommodations immediately.

Are There Minor Children Involved?

If there are minor children of the marriage, it may not be ideal to move out of the family home until the court enters a temporary or permanent parenting plan, outlining how each parent will split time with the children. If you need to move out prior to an official order on timesharing, you should at a minimum have an informal arrangement agreement in place with your spouse for each parent to maintain timesharing with the minor children. Moving out could potentially have an impact on the Judge’s decision on parental responsibility and timesharing, if your case makes it to trial. The Judge will consider the reasons for leaving the home and your continued contact or lack of contact with the children following the move.

Do You Intend to Keep the Marital Home?

If you plan to keep the marital home, moving out may not be in your best interest and the court could construe the move as abandonment.  If it’s likely you and your spouse will fight over who should be awarded the home, staying under one roof may be helpful in maintaining a strong claim to the property.

Short Term Expenses

Staying under one roof has it’s advantages.  While it could be uncomfortable to live together during the divorce, it will keep your short term costs lower.  unless you have friends or family who are willing to let you stay with them at no cost, you will most likely need to pay rent, utilities and other living expenses on a new living space, in addition to costs on your marital home. Consider your resources and whether moving out during the divorce is feasible.

Access to Personal Items in the Home

Moving out of the marital home will limit your access to and control of items of personal property within the home. If you leave the home you should make a list of items of personal property and photograph/video items in the home to help with division of marital assets.

Ultimately, there are many factors that should be taken into consideration when making the decision of whether or not to remain in the marital home. Cody Law can help guide you in making this difficult decision. Call or e-mail us for a consultation.