What To Consider Before Moving Out Of The Marital Home

The dissolution of a marriage is a highly-emotional experience promoting everything from anger to sadness. For the average person dealing with these experiences, avoiding their partner at all cost seems like the route to go. If you're someone in this category, make sure you aren't rushing to move out of the marital home without thinking it through as this action can come with many consequences.


There is a common falsehood that alimony has everything to do with income. For instance, if one spouse makes more money than the other, the misconception is that the lower earning spouse will automatically receive compensation. However, alimony also focuses on need.

Regardless of your spouse's income, you need to be able to show the courts that you rely on and need the support of your spouse, financially. When you move out of your home, you could be signaling to the court that you are financially independent and therefore, don't need support from your partner. 

Property Dissolution

Moving out of your marital home without thinking it through could also prove to be troublesome once it's time to dissolve your property. When you move out of the home, you are somewhat sending a signal to the courts that you don't want it.

In this scenario, it might be difficult to argue to a judge that you deserve this property when you basically abandoned it. Things will only get harder for you if you were financially contributing to the home and then decided to stop once you moved out.

Child Custody

You also want to be mindful of your child custody desires before you decide to abruptly move from the home, as well. If you leave the home and leave your children behind with your partner, it can be a challenge to make a claim for custody in the courtroom.

This is especially the case if you're going to argue that your spouse is an unfit parent. The judge might ask you why you left your children in the first place if you had these concerns, which can end up backfiring on you.

Of course, if you're dealing with abuse or your safety is in jeopardy, moving out is important for your protection. However, if this is not the case, before moving out of your home, it's a good idea to talk this idea over with an attorney. An attorney can assess your situation to determine what's best for you. 

Contact local family law services for more information and assistance.