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What are his financial obligations if he moved out?

July 1, 2018

When a couple chooses to get divorced, one person may decide to leave the marital home while the other lives there full-time. If your former husband decides to move out, he may still have an obligation to help pay the mortgage or other costs related to the house. He may also have an obligation to help cover costs related to raising your child. Let’s look at what financial obligation a person may have after moving out.

Is His Name on the Mortgage?

If your former husband’s name is on the mortgage, he has motivation to make mortgage payments. Although he is not technically obligated to make them, his credit score could suffer as a result of a late or missed payment. Too many late or missed payments could result in a foreclosure. It is important to note that your own credit score could suffer if your name is on the loan and payments are not made in a timely manner. Therefore, you may want to put money aside for housing costs just in case he doesn’t contribute to a mortgage or other housing costs.

Do You Have Children Together?

The law generally recognizes that a parent has a responsibility to raise his or her children. This is true whether or not he or she is still in a relationship with the child’s other parent. In some cases, a judge may be willing to institute a temporary child support order if a couple has just begun the process of divorcing. When the divorce is final, the child support order could become permanent.

However, it is also possible to create an informal agreement that sees a former husband provide whatever he can to help with the children. While that may mean contributing money to pay for food, clothing and other basic needs, it could also mean spending time with the kids while you are at work or school. Generally speaking, you should allow your kids to be with their father regardless of how you feel about him during a split or after the divorce is finalized.

Do You Have Any Insurance Policies Together?

If you have a life insurance, car insurance or homeowners insurance policy that is still in effect, he may have a responsibility to help cover those expenses. However, you may be responsible for getting insurance in your own name if you own the car or home that the policy protects.

If a divorce becomes final, your former husband may be required to purchase a life insurance policy of his own in the event that he is ordered to pay child or spousal support. The insurance policy would name you as the beneficiary and provide a lump sum payout if he were to die before his support obligations ended.

He Might Owe Spousal Support

As a general rule, whoever makes less money during the course of a marriage is entitled to spousal support payments from the person who made more money. Depending on the length of the marriage, these payments may be made indefinitely. However, in most cases, the payments are designed to last until you can get a job or complete a job training course.

Unlike child support, spousal support is designed to help you pay your own bills and maintain your own standard of living. Typically, an individual is allowed to maintain the standard of living he or she became accustomed to during the marriage after a divorce. This means that you may be entitled to receive money take an annual vacation to Hawaii or buy a new car if that was what you were able to do while married.

Of course, if your husband’s standard of living declines in the future, his support payments may be reduced. It is also important to note that support payments generally end when you get married or start living with another person who provides financial assistance.

He Could Choose to Voluntarily Support You

As a practical matter, your former husband could volunteer to make mortgage payments or pay for upkeep around the house. He could also choose to spend time mowing the lawn or shoveling snow from the driveway. Whether or not this happens depends on the type of relationship that you have with your former husband after the split occurs. If he does provide support voluntarily, it won’t necessarily become a baseline for any future support orders created by a judge.

If your husband decides to move out of a house that you shared with him, he may or may not have any responsibility to help you financially. That all depends on whether or not you had any joint accounts such as a home loan or credit card. If you had a child with your husband, he will likely owe child support. Talking with an attorney may help you learn more about your rights in such a situation.

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