There are many things to consider before moving out. Approximately five million Canadians have hit a rough spot in marriage and made the decision to split with their spouses.

Divorce can be a challenging and emotional experience, and the decision to move out adds an extra layer of complexity. With important legal and financial consequences to consider, it’s essential to approach the process with caution and planning.

Before you make a move, familiarize yourself with the divorce and property division laws in your state. This knowledge will help you make informed decisions about who will retain ownership of the house, who will be responsible for paying debts, and who will receive other assets.

It’s also crucial to assess your financial situation before making a move. This includes determining your current income, expenses, and debts, as well as considering any additional costs such as rent, utilities, and transportation. If you are required to pay alimony or child support, it’s important to understand how this will impact your budget.

Can be difficult for kids

If you have children, the impact of moving out on them must also be taken into consideration. Moving can be difficult for kids, so it’s essential to make the transition as smooth as possible for them. This may involve arranging for their schooling and transportation, as well as addressing their needs during the process.

In addition to these considerations, it’s important to have a solid plan in place for the move itself. This includes hiring movers, arranging for storage, and notifying relevant organizations of your change of address. It’s also beneficial to have a plan for the future, such as finding a new job or enrolling in school.

By understanding the legal and financial implications of moving out during a divorce, considering the impact on your children, and having a solid plan in place, you can make the transition as smooth and stress-free as possible.

Living separate and apart from your spouse might not mean moving out

Only divorce can terminate a marriage. However, a divorce requires a formal court proceeding and an order from a judge. A couple might not be ready to end their marriage.

Further, they might want some time to see if they can work things out. For those couples, a separation could be the answer because it does not require a court order. Also, there is no formal legal process through the courts to do it.

A couple may separate simply by agreeing to live separately and apart from each other.

It is always a good idea to settle financial and family issues through negotiation and memorializing the agreement you reach with your spouse.

A separation agreement

It should be in a written agreement commonly referred to as a separation agreement. That is a legally binding contract prepared by your lawyer.

Living separate and apart does not necessarily require that one of you moves out of the house. A separated couple can be living separately and apart in the same home.

This is provided they occupy separate bedrooms and do not cohabit in a way normally associated with a married couple.

Moving out and your rights to the matrimonial home

Neither you nor your spouse can force the other to move out of the home you share as a married couple. Whether the home you reside in is a house, an apartment, or a condominium that you own together or rent, neither of you can change the locks to deny the other one access.

This holds true even if one of you moves out and the other remains in the home. This is unless there is a written separation agreement, Also, there might be a court order granting one party the exclusive right to occupancy.

The fact that your spouse owns the property does not affect your right to live there during a separation. Moving out or staying has nothing to do with ownership.

Moving out does not increase or decrease your rights to share in the assets of the marriage in the event of a divorce. You do not give up any property rights by moving out during a separation.

Things To Consider Before Moving Out Like Financial Considerations

Before deciding to move out during a separation, you should carefully review your income and financial situation to determine if you can afford to do so.

Moving out means having to locate and pay for a suitable house. This could be an issue if you and your spouse own the matrimonial home with a mortgage payment that must be made each month.

Relationship with your children

If you and your spouse have children together, you must take into consideration the effect of moving out during a separation could have on your relationship with them. Unless the parties in a divorce proceeding settle the issue of child custody and access to the children between themselves, courts use the following criteria to decide custody:

• The relationship each parent has with the children
• The parent who has been the primary caregiver
• A parent who can offer stability to the children
• Future plans of each parent for the care of the children
• Plans for maintaining parent-child relationships in the future

Resolving child custody issues

Unless there is a separation agreement resolving child custody issues, you must take into consideration the effect of moving out of the home on your ability to maintain a stable relationship with your children.

Your decision to move out should only come about after careful consideration of how it will affect each of the criteria a judge uses to decide custody in a divorce.

A consultation with a family lawyer is essential before moving out during a separation. You need to know your rights and how moving out will affect them.

What You Need To Know About Separation 

Are you looking for separation? Your marriage vows might have included “till death do us part,” but you and your spouse need time apart.

It might come as a surprise to learn that separating from your spouse does not involve any court proceedings or legal formalities.

Separation occurs as soon as a couple lives separate and apart from each other. As simple as it might appear, legal issues, including child custody and parenting plans, should be addressed before the parties actually separate to avoid acrimonious disputes later.

Navigating Divorce and Moving Out: What You Need to Know

A separation occurs when a married couple, or a couple in a common-law relationship in provinces that recognize their legality of them, live separately and apart from each other.

You can be separated from your spouse even though you both continue to live in the same home. You can live in the property you occupied before the separation.

The law recognizes that moving out can be a financial hardship. Further, the parties might decide that having both parents living in the same home is better for their children.

As a result, living separately and apart, which is the criteria for separation, may occur even while the parties reside in the same home. As long as you and your spouse do not sleep together or share mealtimes together.

You won’t do any of the other things normally associated with being a married couple. You are living separately and apart under the law.

How does separation differ from divorce?

Separation does not terminate a marriage. Parties living separate and apart from each other continue to be married to each other.

If you are separated from your spouse, you cannot remarry until a divorce proceeding is begun in court. Further, a judge needs to ultimately order the termination of the marriage.

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Separation as grounds for divorce in British Columbia

The Canada Divorce Act does not permit a judge to end a marriage by granting a divorce. This is unless there is evidence proving there is a breakdown of the marriage. Living separately and apart from your spouse for at least one year is one of the grounds for divorce. The others are physical or mental cruelty and adultery.

The law encourages people to work together during their separation. They want to see an effort to reconcile and save their marriage. Therefore, you can still use separation as a ground for filing for divorce by living together during the separation.

You can live together for up to 90 days during your separation and still use it as a ground for divorce. The 90 days need not be consecutive. Therefore, a couple could make multiple attempts to reconcile as long as the total number of days together during the separation does not exceed 90.

Resolve legal and financial issues through a separation agreement

A separation agreement is a written, binding contract between the parties to a marriage. It defines the rights each of them has with regard to the financial and legal issues of a marriage, including the following:

• Child custody and parental access
• Child support
• Spousal support
• Property distribution
• Responsibility for debts

Failing to resolve financial and family issues through a negotiated separation agreement is risky.

It leaves the decisions to the court when disputes arise. Also, the courts can decide when one of the parties begins divorce proceedings.

Navigating Divorce and Moving Out

In conclusion, there are things to consider before moving out. Afraid of moving out of the home you and your spouse lived in while together?

This might happen as part of a separation. It does not jeopardize your right to share marital property. You should speak with a lawyer experienced in separation and family law.

This will help you learn more about separation. You can learn about moving out of the home and other issues pertaining to living apart from your spouse.

There are things to consider before moving out. Therefore, hire a family lawyer to get legal advice before making any decisions.

Keep in mind the law will be different in the USA versus Canada. There are also different laws depending on which province or state you live in.