Divorce can be a physically, mentally and emotionally taxing process for both spouses—so much so that one spouse might want to move out even before the divorce is finalized.
However, moving out of the marital home can have significant impacts on your family, finances, personal well-being and ultimately, the divorce process. That said, consider these factors before looking for a new place to live.
You do not have to move out
First things first, you do not have to move out of the marital home, unless a court order tells you to do so. Unlike some states, Florida does not require couples to live separately for a specific period before filing or finalizing divorce.
Choosing to stay in the family home can offer some benefits, such as:
- Avoiding the immediate costs of moving out
- Maintaining stability for your children
- Allowing time to plan for your future
However, your safety should always be a priority. If there is domestic violence or an increased risk of it, moving out may be the best option.
You can retain ownership rights to your marital home
If you want to move out, will you lose your property rights to your home? The short answer is no, you will likely not lose ownership of the home if you move out.
Florida is an equitable distribution state. This means courts divide assets, including marital homes, based on what is fair rather than what is equal. Usually, judges will not divide property based on which spouse stayed in the home during the divorce.
If your spouse decides to keep the home, then you should receive compensation. For example, your spouse may get the marital home, but you might keep the joint investments of equitable value.
Moving out may affect timesharing schedules
When determining timesharing (formerly known as custody) agreements, courts will often try to maintain the status quo as much as possible.
More specifically, judges prioritize children’s stability, education and overall well-being. That said, moving out might be a disadvantage because it often means spending less time with your kids. The court may consider the other parent as more stable or more involved in the children’s lives, and perhaps favor them in timesharing schedules.
However, this does not mean you will not get equal parenting time. But to be sure, it is advisable to have a written agreement specifying your timesharing schedules.
In some cases, moving out may be the best option for everyone involved. However, it is important to consult a divorce attorney before you do so. They can help guide you through the divorce process and uphold your rights during this difficult journey.
