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Which spouse moves out of the home after a divorce is started?

October 2, 2017

If you and your spouse are in the process of getting a divorce, living together under the same roof probably is not an option. If you live in a state in which you are required to be legally separated for a certain amount of time before your divorce, you might even be required to maintain separate households for a certain length of time before your divorce is granted. Of course this is something that you will probably want to talk over with a lawyer, but you could be wondering, in general, about which spouse should move out of the home after a divorce is started. Of course, every situation is different, so it depends on a few different factors.

Consider the Kids

First of all, you have to think about the children who are involved. If one spouse is a stay-at-home parent and is the primary caregiver of the children, it might be in the best interest for the other spouse to move out. This can allow the children to have the most normal life possible, which is particularly important during a time that can be very difficult for children.

Consider Who Can Afford to Pay for the Home

Another thing to consider is who is able to afford to pay for the home. If one spouse does not make enough money to pay the household bills in order the keep the household afloat, considerations will have to be made. That spouse might be better off living in a different living arrangement that is more affordable for his or her situation. In some situations, lawyers can go to court and can fight to have the other spouse help with living expenses for a spouse who cannot afford the regular bills of the marital home. This can be a tricky situation to try to handle on your own, so it might be something that you will want to meet and talk to your lawyer about.

Consider Which Spouse Has the Most Options

Lastly, you might want to consider which spouse has the most options for alternative living arrangements during the divorce. If one spouse already spends a lot of time away from home due to traveling for work a lot or helping an elderly or disabled family member, it might make more sense for him or her to move out of the marital home. If one spouse has a more supportive family than the other spouse does, he or she might have more options for finding a place to live during this difficult time.

Ideally, you and your spouse will be able to work things out amicably in order to determine which spouse should go and which spouse should stay during the divorce. You might even find that you are able to live together without too many problems during the divorce proceedings. However, for many couples, things just don’t work this way. If you contact a lawyer, you can get good legal advice that is tailored for your situation.

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