What Happens if You Move Out During a Divorce?

Choosing whether to move out during your divorce can be a difficult decision. It’s not just about finding a new place to live—it can have real legal and emotional consequences. Whether you decide to stay or leave, the choice can impact areas like child custody, property division, and spousal support. At Hammer Serna & Quinn, LLC, we’re here to guide you through this complex process so you feel confident and informed.

Custody Arrangements and Parenting Time

One of the most significant concerns when moving out is how it may affect custody arrangements if you have children. Illinois courts prioritize the best interests of the child, and that often includes maintaining a sense of stability. If you leave the marital home and your children stay behind, this could influence the court’s decision when it comes to custody or parenting time.

For example, if you move out without taking your children, your spouse might argue that they have been the primary caregiver. This can lead the court to favor them for primary custody, even if that wasn’t your intention. On the other hand, moving the children with you could create disputes over custody or accusations of disrupting their routine. To avoid misunderstandings, speak openly with your attorney before making any decisions related to your living arrangements.

Division of Property

Moving out doesn’t mean you lose your claim to the home or other marital property. Illinois courts follow the principle of “equitable distribution,” which means they divide property fairly but not always equally. Whether you stay in the house or not, it remains a marital asset subject to division.

However, leaving without a clear plan could complicate matters. Suppose your spouse argues that you abandoned the home or removed joint assets inappropriately. That could negatively influence property division rulings. For example, if one spouse moves out suddenly and takes expensive furniture or shared accounts without agreement, it can create financial and legal disputes.

Spousal Support Considerations

Your living arrangements can also play a role in spousal support (also called maintenance). If you move out and your expenses rise due to rent or other costs, it might influence the court’s perspective on your financial needs or ability to pay maintenance. It’s essential to have a clear budget and gather evidence of your financial situation to ensure fairness in any spousal support determinations.

Practical Steps Before Moving Out

1. Consult an Attorney – Always seek legal advice tailored to your situation. At Hammer Serna & Quinn, LLC, we work with you to evaluate the potential consequences of your decision.
2. Document Everything – Make a comprehensive inventory of marital assets and create a record of current living arrangements. This can help prevent disputes later on.
3. Consider Temporary Agreements – Talk with your spouse or your legal counsel about creating a temporary parenting plan or property use agreement to minimize conflicts.
4. Plan Your Finances – Ensure you can afford independent living expenses without putting yourself under financial strain.

Should You Stay or Leave?

Whether to stay or move out depends on your individual circumstances. For example, in cases involving domestic violence, we advise prioritizing safety over other concerns. Requesting an emergency order of protection can give you the legal right to remove yourself and your children from harm while securing the appropriate legal measures to protect your claims during the divorce process.

On the other hand, if your situation is amicable or tolerable, staying in the home may strengthen your custody case and simplify property division. Each decision has its pros and cons, making it vital to weigh them carefully.

We’re Here to Support You

Moving out during a divorce is not a decision to take lightly. Understanding your rights and the implications can prevent unnecessary complications. Hammer Serna & Quinn, LLC’s experienced attorneys are here to help you make informed choices and protect your interests during this challenging time. Contact us today to schedule a consultation, and let us guide you toward the best possible outcome for you and your family.