3 reasons you should not move out after separation

Griffin Law, PLLC
Jul 01, 2022

Once you and your spouse legally separate, you may wonder if you should move out of your marital residence. Even though you may want a fresh start in a new home, you may make your impending divorce more difficult for you to leave.

Here are three reasons you may not want to move out after separating from your spouse.

Moving out could affect child custody

If your children continue to live at your marital residence and you move out, you likely could not claim to be their primary caregiver. In the case that you and your spouse divorce, child custody decisions tend to favor the primary caregiver. Your moving out could negatively affect your chances of future custody.

Moving out could qualify as abandonment

If you do not have justification for moving out or did not get permission from your spouse before moving out, your spouse could claim abandonment. Abandonment falls within the realm of marital misconduct and can negatively affect your divorce proceedings.

Moving out could cause financial issues

Maintaining two households could place a financial strain on you and your spouse. Additionally, depending on the residence that you take up, you may lose any claim to financial support from your spouse.

Unless your spouse is violent or abusive towards you or your children, it is likely beneficial to a future divorce to remain living in your marital home during separation. It is vital that you are strategic with your decisions during your 12-month separation because they can have long-term implications should you and your spouse decide to divorce.

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