Upset unhappy young couple moving out from home

Depending on your living situation, you or your soon-to-be ex-spouse may consider moving out of the family home to avoid further discord. While this may seem like the best thing to do, it’s important to understand the potential ramifications of vacating the marital residence during a divorce. Please continue reading to learn what can happen if you move out of the marital residence before your divorce is finalized and why working with our knowledgeable Monmouth County Divorce & Separation Attorneys is in your best interest. 

Will I Lose Property Rights If I Move Out of the House During a Divorce?

Vacating the residence will not automatically absolve you of your obligations regarding household expenses, such as the mortgage, insurance, and utilities. If you are the primary breadwinner, you may have to continue paying all or a portion of household expenses even after you move out. If you and your spouse cannot reach an agreement on a temporary resolution for your shared financial responsibilities, you can request the court to decide by issuing an order for spousal support that is sustainable for both parties. It’s important to note that this can place you in a difficult financial situation if you move out prematurely, as you will now be stuck with two sets of bills to pay for.

In addition, the home is generally considered a marital asset subject to equitable distribution. This means its value will be divided fairly between the parties, not necessarily equally. Simply moving out of the marital residence will not automatically affect your property rights in the event of a divorce. This means you won’t lose your legal claim to a share of the marital estate just by leaving the home. However, it can significantly impact the negotiation process and the court’s perspective of the situation when dividing assets, potentially placing you at a disadvantage. Keep in mind your property rights are not at risk if your name is on the deed and the mortgage.

Will I Lose Custody if I Move Out?

Leaving the family home doesn’t necessarily mean you will lose your custody rights. However, moving out of the family home can also impact child custody arrangements and visitation rights. In New Jersey, judges consider several factors when determining what custody arrangement best serves the children’s best interests. Leaving the marital residence can make it seem like you are less stable and unable to provide continuity for the children. This can negatively impact your custody claim as the court may give greater weight to the spouse who remained in the family home.

As you can see, moving out of the marital residence during a New Jersey divorce is a big decision. If you have any reservations, it’s in your best interest to consult an experienced divorce attorney from Paone Zaleski & Murphy, who can advise you on any preparations you should make before vacating the premises. Connect with our firm today to learn how we can assist you during these tough times.