Albany Family Law Blog

Should you leave the marital home before finalizing the divorce?

Posted by Joanne P. Monagan, Esq. | Aug 10, 2022 | 0 Comments

When divorce is underway, it seems only natural for one spouse to leave the marital home before the whole process is finalized. This is especially true when the divorce is heavily contested or if you are not on the best of terms with your soon-to-be-ex. But is this always a good idea?

Before moving out of the marital home, it is important that you understand the potential consequences of your actions. For starters, moving out can impact various aspects of your divorce settlement.

How leaving the marital home impacts your divorce

Several issues are addressed during the divorce proceedings. These include child support and custody, spousal support and property division. Leaving the family home before these issues are addressed and finalized can impact the outcome of your divorce in the following ways:

Moving out and child custody

If you share minor children, moving out (and leaving your children behind with the other parent) can send a particular message to the family court. Ideally, your actions will be telling the court that your spouse is a capable parent, and this will essentially work in their favor during the custody hearing.

Moving out and the family home

If you move out, your spouse may file a motion and obtain exclusive rights to the family home. If they succeed in this quest, you may have to seek permission from your spouse before returning to the home.

Moving out and your finances

Renting and furnishing a new home costs money. And if you have a mortgage on your current home, you might still have to make contributions to the home. Basically, this means that you will be supporting two households. And this can greatly strain your finances.

The decision to move out of your marital home during the divorce depends on your situation. Find out how you can safeguard your rights and interests while going through the divorce process.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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