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Why You Should (or Shouldn’t) Move Out of the Marital Home


There are a lot of significant decisions to make when divorcing in Florida, including whether to move out of the marital home or not. It is important to recognize that this decision is not one-size-fits-all, so what was right for a friend or family member may not be an optimal move for you.

Share your long-term objectives with a Port St. Lucie family law attorney. A lawyer can advise you on the factors to consider when deciding if you should or shouldn’t move out of the marital home when separating or divorcing.

Reviewing Your Unique Situation

Talking with an attorney allows you an opportunity to access legal guidance for your specific situation. Your circumstances, such as if you have children and how financially stable you are, will contribute to a lawyer guiding you toward remaining in a marital home or making the leap to getting your own place to start the next chapter of your life.

Reasons to move out:

  • Reducing conflict. Living together during a divorce can lead to heightened tensions and conflicts, so many couples choose to have one spouse move out in order to reduce the potential for arguments.
  • Well-being of children. If you have children, moving out can be beneficial for them if it will minimize their exposure to parental conflict.
  • Safety issues. When a situation involves domestic violence, prioritizing personal safety is crucial, and moving out can protect the victim from further harm.
  • Legal strategy. In some cases, moving out is part of a strategic legal move, especially if you want to establish financial independence or protect your assets.

Situations when a lawyer may advise you to stay in the marital home:

  • Maintaining the property. When keeping the marital home is high on a person’s priority list, an attorney may advise them against moving out, because doing so could be misconstrued as abandonment, affecting your claim to the property during the property division phase of the divorce.
  • Custody concerns. Moving out might affect your child custody and visitation rights, so it is essential to talk to an attorney about how a move could potentially be seen as a relinquishment of your parental responsibilities.
  • Financial impacts. Sometimes it is simply not possible to maintain a separate residence. Rent, utilities, and other living expenses can add up quickly, making moving out unaffordable. Ensure that you can financially sustain a separate household before adding a monetary stressor to a situation that is already difficult.

Consult with a FL Family Lawyer

Making choices that align with your best interests is a path to securing the future you want. Leaving the family home can be emotionally distressing, connecting with a Port St. Lucie family law attorney is a path to making an informed choice.

Should you move out of the house? Talk through your needs and goals with the legal team at Baginski, Brandt & Brandt. Attorneys are available to guide you toward the post-divorce life you want. Lawyers are available to compassionately listen. Contact us today to schedule your fee-free consultation.

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Port St. Lucie 8483 S. U.S. Highway One
Port St. Lucie, Florida 34952
Stuart By Appointment Only 100 SW Albany Ave., Suite 300k
Stuart, FL 34994
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Fort Pierce, FL 34950
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