When divorcing, there are many things to consider. One question that comes up in divorce cases is whether or not one spouse should leave the marital home before the terms of a divorce settlement are decided upon. Generally speaking, if the home is considered marital property, then its value will be divided between the spouses, regardless of whether one moves out. Illinois is an equitable distribution state, meaning that marital property will be divided in an equitable, but not necessarily equal manner. Property division is therefore handled on a case-by-case basis.
When determining who will retain the home, a judge will likely account for a wide range of factors from how much each spouse contributed to the maintenance of the home to what is in the best interest of the children.
Sometimes clients will express concern about moving from the home, not wanting a judge to assume there is a lack of care for the kids or commitment to the family. In many cases, however, one spouse may feel a move is necessary to protect the children from marital strife. This could be argued before a judge, but preparation is key before going to court. In any case, divorcing spouses are well-advised to consult with an experienced family law attorney before making a move that could jeopardize a desirable child custody arrangement or result in unnecessary housing expenses.
If you are considering divorce and have questions regarding Illinois property division, contact the Law Offices of Ronald L. Bell. We are here to help.
Source: Forbes, “Should You Move Out Of The Marital Home? Learn From Divorce Attorneys, Not The Tabloids,” Jeff Landers, Accessed December 12, 2014.