Who Should Move Out? Planning For The Worst Times During Your Best Times

Have you ever driven without auto insurance on a highway?

When was the last time you wore a seatbelt in a vehicle?

Do you secure your doors at night?

Has homeowner’s insurance been purchased?

Do you make sure your kids have health insurance?

These questions point to clear solutions to common occurrences that involve dangers that could change a person’s life, yet we hardly ever think of wagering on the outcomes of the aforementioned scenarios. The same warning should be used when entering into marriage, which has the risk of divorce, as it is another significant life event.

A prenuptial or postnuptial agreement, either of which may shield you from the “blunt force trauma” of divorce, is the equivalent of a seatbelt or insurance for marriage. Before the wedding vows, a prenup is signed. The same information is contained in a postnup, but it is signed after the couple exchanges wedding vows. The timing of the signatures is what distinguishes the two documents.

In popular culture, the prenuptial or postnuptial agreement specifies what will happen to financial assets and tangible property like homes and cars. Although prenuptial and postnuptial agreements address these matters, this perspective on nuptial agreements is rather constrained. Additionally, prenuptial agreements can aid couples in navigating the most trying and difficult period of their relationship. The most tumultuous time of separation might be addressed in a prenup agreement or postnuptial agreement.

You might not immediately file for divorce if you and your partner decide to end your marriage, but you will probably choose to pursue separation instead. You will each depart from the house you share.

Who goes?

At Paducah Family Law, we draw on our years of experience to evaluate each spouse’s particular position in order to provide an already-completed and written response to this issue.

Our postnups and prenuptial agreement templates cover additional context-specific questions so you won’t have to worry about them when you’re feeling the most conflicted:

1. Who has access to a new, handy location right away, such their parent’s or sibling’s house nearby? Is this the ideal solution for a move-out scenario, or are there better solutions that could be devised or thought of?
2. Who is primarily responsible for child care and/or elder care, and how should the couple divide this work in the event of a divorce?
3. Dependents would they move with the relocating spouse or stay in the marital home?
4. Does either spouse have a medical condition that would prevent them from moving?
5. Is one partner financially dependant on the other? Should there be a financial support arrangement before a divorce or a reconciliation when the couple is living apart?
6. What happens to any joint bank accounts and credit cards that one or both spouses may require for living expenses?
7. Should the parties be required to attend multiple sessions of marital therapy before hiring a divorce lawyer?

Our contracts resolve additional issues that the separation process brings about:

1. What possessions from the marital residence may the mover take? Concerns about who owns particular personal goods can arise during the moving process. What if the relocating spouse packed the four-figure luxury space heater that the surviving spouse owns?
2. Should the cost of a new home, its utilities, and its other necessities (such as needing linens, towels, dishes, cleaning supplies, etc.) be covered by marital assets while you and your partner determine whether to move forward with a divorce or whether to reconcile?
3. Does the spouse who is moving the household’s utilities? If a partner’s name appears on the utility bills at both addresses, are there any issues that need to be resolved? Keep in mind that your credit score may suffer if you fail to pay any bill that is registered in your name.
4. Should they purchase separate phone plans at this time, the couple? Are there any further jointly owned services that need to be canceled?
5. In the event that one of you leaves the marriage, how do you both feel about changing the locks on the marital home? Can the surviving spouse alter the security feature passwords?
6. If you choose to get a divorce, how long must the moving spouse live independently?
7. Before leaving or before requesting a divorce, must one spouse give up specific things to the other, like a car or technology?
8. If you haven’t made up your mind whether to file for divorce, what restrictions must the spouse who has moved out on have about the marital house during the separation? Do you both still have access to the marital house during this period, or does one spouse continue to have exclusive use of it?
9. When you move into separate homes, are you both allowed to date?
10. Does the relocating spouse still have access to perform or assist with maintenance tasks to maintain the home’s value if you own it jointly? Is the spouse who is moving expected to make a financial contribution toward such maintenance, such as cleaning, landscaping, or other necessary services, such as plumbing and roof repair?
11. Depending on how long you’ve been living apart, should you file taxes separately?
12. When is a partner permitted to modify their relationship status on social media? What, if anything, can be posted on social media during the interim period before a divorce petition is filed?

The marriage may or may not be over even though the partners agreed that one should move out. Through time apart, the marriage may be repaired, or it may irreparably fall apart. Much of the outcome, including whether the couple contemplates reconciliation, is largely determined by how you behave during this period.

Here, it’s important to be patient and respectful of the needs of others. No matter how long you’ve been friends, assumptions about the other person must be left at the door. Can you get past the negativity in your relationship? Are both of you permitted to be who you are in a way that respects the other person? Since neither of you can expedite the process of developing new communication channels or setting new behavioral boundaries, many people seek the advice of a therapist, coach, religious figurehead, or other reliable outsider.

There is less chance of conflict when contentious logistical decisions have already been taken. Our prenuptial and postnuptial agreements cover the above preparation and more, allowing you and your spouse to focus on choosing whether you want to pursue a future together or apart. Since your contract is customized to you as a couple, the listings above are not all-inclusive. Being as concrete as possible is important because the parting phase of a relationship can be tricky. In order to prevent unnecessarily introducing further harm during your difficult times, the “rules of engagement” were created during your best moments.