Author: Michael Rovito
It’s a question I hear frequently from individuals considering divorce: If I leave the marital home, will it be considered abandonment or hurt me later?
In Pennsylvania, simply moving out of the marital residence does not necessarily mean you are giving up your rights or putting yourself at a disadvantage in the divorce.
There are many legitimate reasons a spouse may decide to leave—financial circumstances, concerns about safety or conflict in the home, or simply the need to begin moving forward. The financial issues associated with maintaining two households can generally be addressed through the divorce and support process.
The more significant consideration is often whether children are involved.
Before leaving, it is important to consider where the children will live, whether their established routine will be disrupted, and how a change may affect their stability and best interests. Those considerations can have implications beyond simply who remains in the house.
There can also be important support and procedural issues to consider depending on the circumstances and where your case is being handled. That is why I generally recommend discussing the decision with a family law attorney before moving out whenever possible.
The bottom line: Moving out is not automatically “abandonment,” but how and when you leave can matter.
Every family’s circumstances are different. If you are considering leaving the marital residence, the MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations before making that decision. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.
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