Reasons You Don’t Want to Move Out in a Divorce
Posted on Jun 24, 2014 10:15am PDT
If a divorce is on the way, or already underway, you want to think twice before moving out of the marital home. This is true even if you feel the urge to leave a tense situation, if you feel that you should leave since you asked for the divorce, or if your spouse is asking you move out. Before you go ahead and pack up, you need to discuss your situation with an attorney: you are probably going to need written agreements before you can safely move out.
Here is why: if you move out of the family home voluntarily, this can backfire on you when it comes to child custody, child support, and alimony. Is your name on the deed to your house? Or on your lease agreement? Then you do not have to leave of your own accord.
If you have children, you may feel that this is added motivation to leave, so that the kids won't see their parents fighting. But the reality is that if you simply up and move out for the sake of peace, the other parent might depict this action as you abandoning the family. It simply will not look good to a court if you are asking for a custody order that allows you to be in your child's life if you didn't stay in the home with them. Too often, a parent makes the mistake of leaving with the right motivations, only to find themselves with an unfair child custody arrangement.
Whether you have children or not, spousal support payments could also skyrocket if you move out of the marital home. If you go out and rent your own place for during the divorce, the court might order you to pay temporary alimony to your spouse until the divorce is finalized. As if that weren't tough enough, a court might simply stick with the temporary alimony arrangement, making it permanent in the final divorce decree, saddling you with crippling payments that could have been significantly reduced had you stayed in the home.
Talk to a family attorney today to learn more about the implications of relocating during a divorce, and what your options are in this situation.