Legal Question in Family Law in New York
if one spouse leave the house before separation or divorce is it legal for them to leave
Asked on 5/27/13, 12:53 pm
1 Answer from Attorneys
Jordan Trager
Wisselman, Harounian & Associates, P.C.
Yes but if the spouse who is leaving is the breadwinner then he/she should proceed with caution. The other spouse can file a motion in the divorce case for "pendente lite" relief. Basically, the breadwinner would be compelled to maintain two separate households, the marital residence plus his/her new residence. This can be a very expensive penalty. Seek legal advice from a family court attorney before making any rushed decision which can potentially damage your divorce case.
Answered on 5/28/13, 9:15 am