In Florida, the decision whether to move out before filing for divorce is a highly personal choice that should be dictated by your specific circumstances. Before moving out, consider a variety of factors. Here, we discuss some of those considerations, including financial matters, parenting issues, and safety concerns.
Does the Law Require One Spouse to Move Out Before Getting a Divorce?
No, Florida law differs from that of other jurisdictions and does not require a divorcing couple to live apart for a set amount of time before filing for divorce. So, you don’t need to move out to get the divorce process started.
Instead, carefully consider your situation and your options before moving out. You don’t automatically give up rights to property and custody by leaving the marital home, but you need to know what to do and what not to do prior to making your move. Are You Concerned About Your Safety?
If you are dealing with an abusive relationship or you feel threatened in any way by your spouse, then you need to take immediate action to secure your safety. Your immediate need for protection overrides any other concerns. Do not remain in a dangerous environment even if your spouse threatens to take away property or isolate you from your children. Talk to the police and save copies of all messages from your spouse for later use.
Is It Feasible for Both of You to Remain in the Home?
Even when neither spouse feels physically threatened, it may be mentally or emotionally damaging to remain together in the same home during the divorce process. Knowing that the law does not require you to move out allows you time to plan before making any moves, but you may feel the need to go to protect your sanity. Talk to an attorney to learn how this could affect your likely outcomes before making a move.
What are the Financial Effects of Moving Out?
Until your divorce is final or a separation agreement sets a cut-off date for marital debts, you are still responsible for home expenses such as the mortgage, property taxes, and utilities. If you move into a new place, you are likely to take on additional expenses while still being bound by prior obligations.
Create a list of expenses and balance it against income to plan for living during and after the divorce. Your attorney may be able to establish a legally binding agreement about how expenses will be divided, but do not assume any arrangement you agree to verbally with your spouse will be legally binding. If your spouse doesn’t pay their “share” of the electric bill or insurance premium, you may be liable for all of it regardless of whether you live in the home or not.
Does Possession Determine Ownership?
Although people like to say “possession is 9/10 of the law,” that rarely applies when real property laws are involved.. Specific to Florida family law, Florida is not a “title” state, meaning that in the cases of property determined to be a marital asset, the title does not dictate the ownership of the property.
In cases where one spouse owned the home outright before the marriage, but marital funds (this means funds from either spouse) were used to maintain or improve the property, Florida provides a formula to determine what portion of the value of the property is marital.
Ownership or rental interest in marital property is extremely complex, so it is a good idea to understand your obligations and rights before moving out.
What About the Property Inside the Home?
Property acquired during your marriage is jointly owned in most cases, so it is important to protect your right to the contents of your home regardless of whether you stay or move out. Create a detailed record of:
- Electronics
- Furniture
- Appliances that are not attached
- Valuable personal property such as artwork or collectibles
- Important documents stored in the home
Try to take photos of important pieces and the home’s overall condition. Your goal is to preserve evidence of the way things stood at the time you filed for divorce. If your spouse trashes the home or disappears, you will have a record showing it happened after you moved out.
How Will Moving Out Affect Your Divorce Strategy?
Moving out can profoundly affect daily life, especially if you have children. The living patterns you establish while the divorce is in process may well continue after the divorce is finalized, so it makes sense to plan before taking action. Consider how you want to handle issues such as:
- Where children and pets will reside
- How household expenses will be covered
- What access each spouse will have to the home
- How you will communicate with each other
FAQs About Moving out of House Before Filing for Divorce
Do I give up my rights in the house if I move out?
No, simply moving out does not forfeit your rights to your home, but it is a good idea to talk to an attorney and develop a plan before moving out.
Should I take property with me to protect it?
Removing property from the home could be viewed as an attempt to hide assets, which is not allowed during the divorce process. You can protect your overall interest in property by documenting it. If you believe particular items are at risk, ask your attorney about steps for preserving them safely and legally, such as putting them in a safe deposit box that can only be accessed when both spouses are present.
What should I do before moving out of the marital home in Florida?
If safety is not a concern, before moving out you should:
- Talk to a Florida divorce attorney to ensure your plans don’t have unintended negative consequences
- Gather copies of important records and financial information
- Document the condition of the property in your home
- Consider how to meet your children’s needs
- Understand your obligations regarding the home and have a plan to fulfill those obligations
- Have a plan for retrieving belongings in the future
You may also want to create a legal agreement to memorialize each spouse’s expectations. Do not destroy records or transfer assets except on the advice of your attorney.
Talk to Us Before Moving Out
It is reasonable to have a lot of questions when you’re contemplating divorce, and at Leap Frog Divorce, we believe it is also reasonable to expect your attorney to be willing to answer those questions. Providing advice and explanations is a vital part of our services because our role is to guide you through the process—not just to file some legal papers at the courthouse. We want to put our experience to work for you so you can come through the divorce process prepared to enjoy life to the fullest in the days to come.
To schedule a confidential consultation to learn more about the legal ramifications of moving out or other divorce issues, contact us online or call us at 407-890-7297 today.
