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West Palm Beach Divorce Attorney > Blog > Family Law > Should I Move Out of the Marital House or Stay While Divorcing?

Should I Move Out of the Marital House or Stay While Divorcing?


Making the decision between moving out of a marital house or staying while navigating a divorce is a common dilemma. There are many factors to consider, such as emotional attachments, parenting arrangements, financial considerations, and long-term objectives.

Discussing your situation with a West Palm Beach family attorney as soon as possible is advised. Seasoned divorce lawyers understand the legal implications of housing decisions and are available to offer guidance so you can make the best decisions given the details of your unique situation.

Caring for Yourself and Other Considerations

Emotions run high during a divorce, and the marital home may be important to you because it offers a sense of comfort and familiarity, or you may find you are unable to care for yourself while still living in a marital home because there is constant contact with a soon-to-be ex-spouse. For some, moving out provides an opportunity for a fresh start and emotional distance. Weighting your feelings of attachment and uncertainty is part of deciding when and if to move.

Also, if you have children, custody and parenting arrangements are part of deciding whether to move out or stay. Florida courts will always prioritize the best interests of the child when determining custody. If you believe that your custody arrangement will be contested, be strategic about next steps. Depending on the situation, if you move out and leave the children with your spouse but later want full custody, that initial move may impact the court’s perception of your commitment to parenting.

There is also the financial cost of maintaining two households. If there’s a way to avoid one another and live in separate areas of the house, staying in the marital home might allow you to avoid additional expenses. That said, separation gives individuals a clear picture of their individual financial needs, and this clarity does help some to draft the divorce terms required to boost their financial health today and into the future.

Strategic Choices and Property Division

In Florida, marital assets are subject to equitable distribution, which means they are divided fairly, though not necessarily an equal split, between the spouses. The marital home is a significant asset for many couples, and its fate will depend on various factors, including who gets primary custody of the children and each spouse’s income and future earning potential. Moving out could influence property division terms.

To develop a legal strategy that fits your objectives, it is essential to consult with a West Palm Beach family attorney to understand your rights, obligations, and the potential outcomes of each decision you make throughout the divorce process.

Were you planning to move out of the marital home but are now unsure if you should do so? Deciding whether to move out of the marital house is a complex and personal choice, and it should be based on careful consideration of various factors. Emotional well-being, children’s needs, financial circumstances, and the legal implications all need to be taken into account. Before making a decision, talk to the attorneys at Bruce S. Rosenwater & Associates about your post-divorce goals. Book your free initial consultation today.

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