This is a common question people face during a divorce or separation in Florida. If you’re in this situation, there are several important things to consider. First, if you have children, it is not ideal to move out of the home before there is a timesharing plan in place. If you move out before having a temporary or permanent parenting plan in place, then the other parent may limit your ability to spend time and overnights with the children in your new residence. Additionally, not having overnights with the children can create a child support obligation owed to the other party.

The second consideration before moving out in a divorce situation is whether you ultimately desire to retain the marital home. If you do desire to keep the home, moving out is not always the best option. In a situation where you and the other party both want the home, a judge will consider things such as your ability to afford the mortgage, the ability to buy-out the other party from his or her interest in the property, and logistical things such as there being a new lease elsewhere and moving costs. If you are already out of the property, then it is likely you are obligated on a new lease and would experience moving costs to move back into the home. Accordingly, a judge may be less likely to award you the home because the other party is already living there exclusively and would not have moving costs, etc.

Additionally, the marital home is likely to be the address used for the children’s school registration and enrollment. If you move out of the home and obtain alternative housing out of the children’s school district, then the other parent is much more likely to retain the school designation in the parenting plan.

Moving out of the home also comes with a reduction in control of the personal property and items in the home, as well as the day-to-day control over who accesses the home. If you do leave the property, it is best to photograph the condition the home is in when you leave and keep a video log of the personal property items in the home. It is important that you recall what is there so you can make a list of the items you wish to be awarded in the divorce.

Alternatively, there are reasons why moving out of the home may be the best option. If you feel unsafe due to a domestic violence situation or the acrimony in the home is at high levels, the environment in the home may be too stressful to continue living there. Those things should be taken into consideration in making the ultimate determination if moving out is your best option. You should consider speaking with a family law attorney before making this important decision.

Our attorneys at Vette Law, PLLC have experience in divorce and separation in Florida and will help you make the important decision relating to moving out of the marital home.