Dear a hoadley - Since I do not know all of the facts in your situation I can only provide general information. If you and your spouse have agreed to divorce then I see nothing wrong with moving out. You are entitled to an equitable division of the marital assets regardless of where you are living.
If you are trying not to divorce then you may not want to move out since it may provide your spouse with grounds of abandonment but otherwise I can't see a problem with leaving unless you want to eventually reside in the family home. It might be more difficult to move back in once you leave.
David Kennett - JD - Attorney at Law
Lawyer (JD)
25 years experience in general law, including real estate, criminal, traffic, and domestic relations