A Compassionate Advocate
For Arizona Families

Moving out during a divorce: effects on custody and finances

On Behalf of | Jul 26, 2024 | Divorce

Divorce can be a challenging time, and deciding whether to move out of the marital home adds another layer of complexity. The impact of this decision varies depending on individual circumstances, particularly when it involves children and financial matters.

Child custody considerations

When you move out, it could influence child custody arrangements. Courts in Arizona focus on the child’s best interests, considering factors such as stability and routine. Staying in the home may show your commitment to maintaining the child’s environment. However, moving out does not automatically mean losing custody. 

Property division implications

Arizona is a community property state, meaning the court divides all assets acquired during the marriage equally. Moving out of the home does not affect your entitlement to your share of the property. However, the court might consider who remains in the house when deciding on temporary living arrangements. 

Alimony considerations

Alimony, or spousal maintenance, depends on several factors, including each spouse’s financial needs and contributions to the marriage. Moving out of the marital home during a divorce may not directly affect alimony decisions. The court will look at the financial situation of both parties and determine the need for support. 

Impact on children

Moving out can be unsettling for children. Keeping their routines as stable as possible helps minimize stress. Frequent communication with your spouse about parenting schedules and responsibilities is vital. 

Practical steps to take

If you decide to move out, ensure you have access to important documents and financial records. Make a list of items you take with you and those left behind. Establish a temporary living arrangement that suits your needs and allows you to maintain regular contact with your children.

Managing your transition

Deciding to move out during a divorce is a personal choice with various implications. Each decision you make can affect the outcome, so carefully consider your options and plan accordingly.