We are going to file divorce, and I am renting an apartment. Would I have any disadvantage if I move out before filing? I am going to sign lease tomorrow... My husband suggested to pay the rent that is $900, and that is the only support he would pay me until the divorce is settled. He is full time employee and I am part time employee. He makes $8000 per month and I make about $900.
State/Country relating to question: Washington
I lived in another apartment for 5 months but it was "cool off" time to repair the relationship. I just moved back our house end of May, but it is not working. I will be emotionally destroyed if I stay longer. That is the reason I would like to get out the house ASAP.
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A disadvantage to moving out is that it can make it easier for the spouse that remains in the property to attempt to hide or otherwise waste marital assets. In terms of property distribution, however, no, your moving out does not effect this -- Washington is a community property state, meaning all the marital property will be divided equally in a divorce, absent an agreement by the parties.
The only other concern I have with you moving out is if he is also on the lease? If he is not on the lease, and you just move before your lease ends without the permission to terminate your lease early, you are in breach of contract, and the landlord could sue you for the remaining months. If he is on the lease with you and you move out, legally, you are still responsible. So, if he fails to make the rent payment on your current apartment, the landlord can still look to you for payment.
As for support, once the divorce is filed, you can file a motion with the court seeking temporary support while the divorce is ongoing, and the court, not your spouse, will decide how much he has to pay you based on his ability to pay and your need.
If you would like any additional information or have more questions please don’t hesitate to ask!
Well, I think you were smart to choose a smaller apartment just in case he doesn't keep his word and because you don't know how much support a court would award. I don't see a judge deciding on how much temporary support to award you based on whether they believe you are satisfied or not with your living arrangement -they certainly can appreciate that in a divorce, no one is happy with what is happening. No, a court is going to decide how much support to award based on your needs -taking into account your expenses and your income, and his ability to pay. If you got a large apartment but he didn't have the means to pay it anyway, that wouldn't benefit you at all, so I think you're approaching it the intelligent way.
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