There is a common misconception that if one spouse moves out of the marital home prior to or during a divorce proceeding that they have “abandoned” the home and are no longer entitled to any of its value in the divorce. In Florida family law courts this simply is not the case.
Regardless of whether one spouse leaves the home voluntarily or involuntarily, they are still entitled to a portion of the equity (or debt) of that residence as part of the divorce. Credits may be given to the remaining spouse or either spouse who continues to pay the mortgage when dividing the equity, but this still does not lend itself to any issue as to whether abandonment has occurred or whether one party is relinquishing a right to an interest in the property by moving out.
There are, however, many other issues to consider when one spouse leaves the home, and Mackey Law Group is willing and ready provide advice if you are contemplating a divorce.
By: B. Kyle Stalnaker, Esq.