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Pros and Cons of Staying or Moving Out of the Marital Home During Your Florida Divorce


The decision to move out is the second tough decision any individual is facing after filing for divorce. When should you move out, or when should you stay in the marital home after filing for divorce in Florida?

There are several advantages and disadvantages associated with leaving and staying, which is why it is best to consult with a knowledgeable Orlando family attorney to make the right decision in your particular situation.

Why You Should Consider Moving Out During the Divorce

There are several reasons why moving out may be a good idea when going through a divorce in Florida.

You Won’t Lose Your Property Rights

Typically, a marital home is the divorcing couple’s most valuable asset that will be split during the property distribution process. That is one of the reasons why individuals are reluctant to move out due to the fear that they would lose their property rights. However, the leaving of the house during the divorce proceedings does not affect either spouse’s interest in the house.

You Protect Yourself from Abuse

If you have been subject to domestic violence, moving out may be the best option for your safety from abuse. When leaving the marital home out of fear for your safety or the safety of your children, you should also consider filing a protective order against the abusive spouse.

You Can Minimize Conflict

The decision to file for divorce may cause conflict among the couple. Both spouses staying under the same roof while their divorce case is pending is likely to expose both spouses to unnecessary conflict and arguments, which can further complicate their divorce case.

Why You Should Consider Staying in the Marital Home

In some cases, it may be beneficial to stay in the marital home after filing for divorce.

Avoiding Custody Issues

Unfortunately, moving out can work against the moving parent in a child custody case. However, this could also be a double-edged sword because if your spouse decides to leave, they may argue that they are being punished for leaving.

If your divorce involves children, it is critical to consult with a skilled child custody attorney to create an agreed-upon parenting plan and help you decide whether to leave or stay in the marital home.

Avoiding Financial Issues

Divorce can be extremely expensive in Florida, which is why the spouse who leaves may not afford to support a second household. Typically, the higher-earning spouse is ordered to pay the majority of household expenses regardless of who stays in the marital home. Thus, the higher-earning spouse may find themselves in a situation where they have to pay for two households.

Also, the spouse who decides to stay in the home may have to give up other valuable assets in order to keep the house. However, since the marital property is divided between the spouses through equitable distribution in Florida, there is no guarantee that the spouse who stays will be able to keep the house.

It is best to consult with a knowledgeable divorce attorney in Orlando to discuss your particular situation and make the right decision in your case. Contact our lawyer at the Law Offices of Steve W. Marsee to schedule a consultation. Call at 407-521-7171.


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