Legal Question in Family Law in Connecticut

divorcing me but not moving out

My husband of one year, who I have been supporting entirely for most of that time, has filed for divorce but will not move out of my apartment, pay rent, or pay bills. He says that I am legally required to pay these things as long as we are married, which will be for nine months since we moved to CT from NY 3 months ago. Is this true? What else can he legally do to me if I don't do what he asks? Is there any way to make him go away?


Asked on 4/03/03, 2:40 pm

2 Answers from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

Re: divorcing me but not moving out

The rule is that one of you must have resided in the state of CT for at least 12 months prior to the entry of the divorce decree.

You can file a "pendente lite" (temporary) motion with the court requesting that you have exclusive use of the marital residence pending the divorce proceeding. If the court is inclined to let both of you live there, you can ask the court to order him to share the expenses.

Why don't you move out? Let him be responsible for the bills and the rent. Then you will only have to pay your own bills in a new place.

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Answered on 4/03/03, 4:14 pm
John Heffernan Heffernan Legal Group, LLP

Re: divorcing me but not moving out

You must go to court to get an order allocating the household expenses. Then if he doesn't pay his share the court can hold him in contempt. The motion to get an allocation order may be enough to get him to leave.

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Answered on 4/04/03, 3:03 pm


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