Should I move out of the marital home if I’m getting a divorce?
One of the most divisive issues in a divorce is what to do about the marital home. It is often the marriage’s most valuable asset, and it can be the source of powerful emotional connections for both parties.
Before you move out, consider the consequences regarding parental responsibilities, parenting time, and your finances.
When divorcing parents continue to live in the same home, the decisions related to the care of minor children will generally stay the same. However, when one party moves out during the process, the parties must come up with temporary parenting plan until a permanent plan is in place when the divorce is finalized. Developing a parenting plan at any stage of a divorce often causes serious issues.
Additionally, if you decide to move out, make sure you take steps to avoid the move being characterized as abandonment. Even though Colorado divorces do not consider fault in granting the divorce, the division of marital property, or in determining child support, abandonment can have serious implications regarding parental responsibilities and parenting time orders.
Moving out of the marital home does not bar a party from keeping the home as part of a divorce settlement or judge’s orders. Many factors are considered when determining who keeps the marital home, including:
- The best interests of any minor children,
- The contributions of each spouse to the acquisition of marital property,
- The contribution of separate property to the marriage,
- Both spouses’ contributions to the home,
- The value of all property awarded to each spouse, and
- The economic circumstances of each spouse.
The weight of each factor in determining the division of marital property and the marital home is within the judge’s discretion.