Wife Moves Out Before Divorce in New York, NY

In New York, when you move out before the divorce is finalized or without agreements in place, you run the risk of negatively impacting your child custody, spousal support, and equitable division of property.

Moving Out Before Divorce May Affect Child Custody

When you move out before the divorce is finalized, the judge may take it against you that you do not like to spend more time with your children. A judge may also be hesitant to significantly alter the living arrangements of the children, especially when the children are already comfortable living in the family home. When you move out of the family home, you will need enough space to be able to accommodate your children in close proximity to their school, friends, and activities. If you do not have the financial means to get a place that can accommodate your children’s needs, the children may not be able to sleep in your new home, which can reduce the amount of time you may get with your children once custodial arrangements are in place.

Moving Out Before Divorce May Affect Spousal Support

If you move out of the marital home before the divorce is finalized, you may still be required to pay your share of the expenses in the marital home. Aside from the expenses needed to set up your new home, you will still be required to contribute to childcare, mortgage, and household expenses until agreements are in place or a court order is issued regarding these matters.

If you are the primary breadwinner who moves out of the marital home, the court may consider it financially viable for you to maintain two households and this will be a significant factor in an order for the payment of spousal support.

Moving Out Before Divorce May Affect Equitable Division of Property

New York follows the equitable, and not equal, division of marital property. In determining what is equitable, the court will consider what the spouses have contributed to the marriage and what they will need to move forward after the divorce. They will consider who has primary custody of the children, who needs the marital home the most, and the future financial circumstances of the spouses. If you leave the marital home before divorce, you may be inclining the court to award the family home to the spouse who lives in the family home and has primary custody over the children.

Other Considerations

You may be able to leave the marital home prior to divorce if you are being abused or feel unsafe in the home. The court can consider this as a valid reason to leave, and your alleged abandonment of the family home may not negatively impact child custody, spousal support, and equitable division of property.

Once you leave the marital home, you may also not be able to go back again, especially when the court awards temporary possession of the home to the other spouse, pending divorce proceedings. For this reason, consideration must be given to the belongings you will take when you leave, as well as documents and other records, which may be important in your divorce proceedings.

Moving out of the family home before divorce is a big decision to make. Before making this decision, it is important that you consult with a divorce attorney to ensure that your actions will not negatively affect your claims during the divorce. Should you need assistance, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].