Following the decision to divorce, it might seem only natural for one spouse to move out of the family home. After all, divorce can take some time, especially if you are going through the litigation process, and you are probably worried about arguing with your ex-spouse. However, moving out of your home before your divorce is finalized may have repercussions.
Here are some of the consequences if you move out of the marital home before your divorce is finalized:
- It could impact your timesharing arrangement: Leaving the marital home when you have minor children could influence a judge’s decision when it comes to timesharing. If you leave the home and do not continue to have ongoing timesharing, including overnights with the children, then the move will negatively affect your future timesharing.
- You might be barred from coming back home until your divorce is finalized: If you move out of the marital home, your spouse can file a motion to obtain temporary exclusive possession of it, which means you will not be able to return to the home throughout the divorce process. However, if you can prove to the court that your spouse is creating a harmful environment for the children, or if that parent is abusive, a judge would order your spouse to leave and allow you to remain in the home.
- It could have an effect on your finances: Moving out of the home you share with your spouse can also have financial ripple effects. For example, a judge might enter a temporary order for you to pay child support and spousal support, or a portion of the home’s mortgage. You could potentially end up trying to support two households if you rent an apartment or purchase a new home. Consider consulting with your attorney to learn more about the repercussions moving out of the family home could have on your divorce.
- Your spouse might hide or sell items you leave behind: Chances are you will not be able to take everything that belongs to you when you move out of the family home, especially the pieces that belong to both you and your spouse. Those belongings are all at risk if you leave them behind and, although your spouse will pay the price if he or she sells or hides marital property, it will not change the fact that some of those items might not be replaceable.
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