Are You Being Forced To Move Out During Divorce? What Should You Know About Your Options?

If your spouse has just informed you he or she plans to file for divorce, you may find yourself battling a host of emotions, from shock to anger or even relief. Often, unless you want to find yourself in a situation straight out of The War of The Roses, you'll need to vacate your marital home quickly rather than continue to share walls with someone who has filed a legal document seeking to dissolve your relationship. But how can you sort through all your jointly-owned belongings and schedule a move while simultaneously trying to sort out your post-divorce finances? Read on to learn more about your options for moving mid-divorce and what you should consider to make this process as quick and pain-free as possible.

What items can (or should) you remove from the home when leaving?

Once your spouse has announced his or her plans for divorce or filed the initial pleading in your case, any items removed from your marital home may need to later be accounted for when settling the division of assets and debts. It's best to keep track of anything you pack or bring with you, both for your own organizational purposes and to protect yourself during your divorce litigation.

If you haven't yet consulted a divorce attorney, doing so before moving is a good time -- and at the very least, you'll want to review your state's laws on the division of property in divorce to avoid taking anything that is later likely to be awarded to your ex-spouse. In general, most states have adopted either the equitable distribution or community property model. In an equitable distribution state, the marital assets (and debts) are distributed in proportional shares to each spouse depending upon earnings during the marriage and contribution to finances during this time. Community property states divide all assets accumulated during the marriage equally (unless strong evidence is introduced to show that equal distribution would be unfair), no matter who was the higher earner or contributed the greatest effort toward amassing these assets.

This means that if you live in an equitable distribution state and earned significantly less than your soon-to-be ex-spouse during your marriage but take half the household belongings when you move out, you could be required to return many of these belongings or receive a much smaller share of the marital estate than you'd otherwise have been awarded. 

What are your quickest moving options?

Once you've taken inventory of the items you want to bring with you, your most efficient moving option is likely to be a commercial moving service. These companies employ movers who can work from your list to quickly pack and ship your belongings while you're at work or even scoping out potential long-term homes. In many cases, professional movers can even unpack and sort your items to allow you to feel at home in your new residence without having to go through the painful process of unpacking on your own.

How can you pay these moving expenses mid-divorce? 

If you're forced to vacate your marital home after years of building up equity, it's likely that you'll receive a portion of this home equity in any settlement you reach with your spouse or in the final divorce judgment. For situations in which it's clear there will be enough equity to pay off the mortgage and any related costs, you may be able to receive a portion of this equity in the form of an advance that can help you pay moving costs or even a security deposit on an apartment. If it's not clear whether any equity will be distributed, you may instead want to put these expenses on a credit card offering a low promotional interest rate until you've sorted out your new income and bills.

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