Family Matters

Can I move out of the marital residence prior to or during my divorce?

Divorce can be extremely stressful and intense. Sometimes leaving the marital residence may be the best choice for protecting your peace. Moving out of the marital residence will not automatically impact your entitlement to your share of the net equity in the marital estate. However, it can significantly impact the negotiation process. Before you decide to vacate the marital residence, it is important to consider the following:

1. Can I afford to move out?

The longstanding financial status quo needs to be maintained pending a final resolution to a divorce matter. Therefore, if you are the primary breadwinner, you need to be sure prior to vacating the marital home and/or committing to alternative living arrangements that you can continue to pay all or most of the household expenses after you move out.

2. Will this impact my ability to request alimony support?

If you are the spouse who will likely be entitled to receive alimony support, it is not advisable to move out unless you have already come to a financial arrangement with your spouse to receive support from him or her. If you do not, and you commence supporting yourself prior to or during the divorce process, this may weaken a future argument for alimony.

3. Will I still be able to see my child?

If you have a child, it is important that a custody and parenting time schedule be established prior to moving out of the property. This ensures you will continue to have a say in major decisions regarding your child. It also guarantees your child will continue to have stability and consistency with each parent. If a party elects to move out of the property without considering the child’s best interests, this could potentially be used against that party in the event the matter goes before a judge. Judges want to see that parents are putting a child and his/her best interests first. It is also important to determine how the child’s expenses will be paid. Depending on the circumstances, this may mean calculating child support pursuant to the New Jersey child support guidelines or coming up with an arrangement for payment of the children’s expenses.   

Vacating the marital residence prior to or during the divorce process is a major decision. We strongly recommend consulting with one of our family law attorneys who can advise as to what preparations should be completed prior to leaving the marital home.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.