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Who Moves Out After a Florida Divorce?


Moving out is an important step for many divorcing spouses in Florida, but do you really need to do this? You may be very connected to your family home, and you might be desperate to stay in this familiar environment during and after the emotionally turbulent divorce process. But one person has to move out, so who will it be? How does the court determine who should look for somewhere else to live, and how can you fight for your family home in Florida?

How Courts Decide Who Gets the Family Home 

If you pursue a litigated divorce, the courts will consider a number of factors when determining who should get the family home. First of all, they will consider whether or not one spouse owned the home prior to the marriage. If so, the family home is typically seen as a separate asset – and the spouse who owned it before the marriage gets to keep it.

Other factors include:

  • The contributions each spouse made to the property during the marriage
  • Whether a spouse has primary custody of the children, and whether the children need to stay in the family home
  • The ease of selling the family home
  • Whether the home is a commingled asset
  • The length of the marriage

Possible Outcomes When Dividing a Family Home 

There are a number of possible outcomes when it comes to dividing the family home during a divorce in Florida:

  • One spouse keeps the home
  • One spouse provides the other with 50% of the home’s value in order to keep sole ownership
  • Both spouses sell the home and divide the proceeds
  • Spouses continue to co-own the home, even if one moves out

What Do the New Florida Divorce Laws Say About Moving Out? 

Finally, spouses must be aware of how new divorce legislation in Florida affects moving out. First and foremost, spouses will now lose alimony if they start living with someone new – and the restrictions are much stricter according to the new laws. This means that you might want to think twice before you move in with a romantic partner following divorce. In some cases, you may lose alimony even if you live with someone who is not a romantic partner.

Secondly, spouses must be very careful about how far they move away from the family home. The “50-mile rule” has now been officially codified in Florida divorce law. This means that if you move further than 50 miles away from the family home or your children, you may experience certain custody disadvantages. It is generally a good idea to stay close to your children if you want to give yourself the best possible chance when fighting for custody.

Where Can I Find a Qualified, Experienced Divorce Attorney in Orlando? 

If you’ve been searching for a qualified Orlando divorce attorney, look no further than Steve Marsee, P.A. Over the years, we have helped numerous divorcing spouses in the Sunshine State, and we understand the importance of the family home. Not only is this often a high-value asset, but it is often important on a purely emotional level. Book your consultation today to fight for your family home using effective strategies.




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