Divorce can be an emotionally overwhelming process, which means sharing a house
with your soon-to-be-ex-spouse can seem like a torturous undertaking.
While Florida law allows either spouse to move out of the family home
without being punished for abandonment, doing so could result in several
consequences that can have a negative impact on the final divorce agreement.
The following are the common consequences of leaving the house during a divorce:
The other spouse may keep the home – If you and your spouse purchased the home during the marriage and
cannot decide who should keep it once the divorce is finalized, the court
can make a decision on behalf of the couple. If you have moved out of
the home, the judge may consider this as your way of forfeiting the rights
of the home, meaning your spouse keeps the house while you are given the
cash value of your share. Based on the current market value of your home,
this could be an unfair deal on your end.
The other spouse might be awarded primary
custody of the children – If you have children and you decide to move out of the family
home, leaving them behind with the other parent, the court may view this
action as awarding custody since judges often find that it is in the child’s
best interests to stay in a stable home environment. Consequently, the
judge may also order you to pay child support, alimony, and other expenses.
The other spouse can prevent you from coming back to the home – It is possible that your spouse can request the court to award him/her
exclusive use and possession of the family home. This means you can be
prohibited from entering or using the property until your divorce is resolved,
although you still have property rights to the home.
However, there are some situations where moving out might be necessary.
For example, if there is evidence of domestic violence, leaving is a must
for your safety and your children’s safety. If there is a high level
of conflict in the relationship, moving out can be best for your peace
of mind and the well-being of your children.
If you are considering moving out of the family home, it is wise to discuss
your situation with our
Daytona Beach family law attorney at the
Law Offices of Robert Stepniak to learn about the potential repercussions of such a decision.
Contact us for more information today.