Should I move out without an agreement?


#1

Since you make so much more than your spouse she will be able to request alimony/post separation support. The ED, alimony and other issues should be discussed prior to you moving out.

Even if you have agreed on what you are taking with you, what you both will be responsible for, and what the plans are for the home, and any other marital property, it’s best to get it in writing. A lot can change in a short amount of time and it’s better to protect yourselves now than have to fight about things later and end up in court. If your spouse does not want to consult an attorney, you should at least do so yourself. Get a separation agreement drawn up and have her look over it PRIOR to you moving out. Though it does not change what you are entitled to or responsible for, it does make things more difficult. It is not a good idea to leave the home without consulting an attorney first even if you were to draw up your own agreement…


#2

Don’t even think about it. Your situation is similar to mine. I refused to leave until we signed a separation agreement also stated in the agreement that if she stay in the house I will help with the house payment until divorce or remerge, But also if I will stop helping if she have anybody from either sex to move in with here or if she have relationship with opposite sex. Because my STBX was planning on getting her girlfriend or boyfriend moved in with her, or I will end up paying house mortgage for her and her boyfriend to live in my house. And sure enough 4 months later she decided to move out of the house and I moved in back to my house. But do not leave until both of you sign up a separation agreement stating what yours and what hers. If you leave without one. She may file for abandonment or she may end up taking everything and leave you in the cold. Be very careful my friend there are not innocent as they appear. Good luck


#3

I concur…do NOT move out without an agreement. If you move out, she has no motivation TO sign one.


#4

If you don


#5

My wife and I agreed that I would move out of the house. So I broached to her the possibility of us both getting attorneys that specialize in collaborative divorce and creating a separation agreement before I leave. Unfortunately, she said that she will not even entertain any discussion of lawyers, property distribution, or other separation issues until I am out of the house.

I fear that if I leave before any of these issues are discussed that I may be putting myself in a difficult negotiating position — for example, that she might stay in the house indefinitely, refusing to put the house up for sale. Since I pay the full $2500/month house payment I would be financially strapped supporting two households. There is no way she could pay the house payment — my salary is three times hers.

Am I putting myself in a difficult negotiating position if I leave without any other issues discussed?