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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35816
Experience:  Attorney with 16 years experience
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My wife is the monied spouse. We've been married 24 years I

Customer Question

My wife is the monied spouse.
We've been married 24 years
I want a divorce
An attorney told me I should not move out of the house because it demonstrates that I can support myself and will result in me getting less money.
She recommends that I file first and once the process is in place,2-12 months, then I could move out. Is this true ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I would have to agree that if the goal here is to maximize any spousal support, the less independent that you appear to be, the better as it will result in a higher net spousal support award.

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I would probably go one step further and not ever move out until after the divorce because then you would forfeit the right to live in the marital residence. Fleming v. Fleming (New York Appellate Division, October 1989)

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thanks

Barrister