Is it normal to still live with your spouse while divorce is pending?

With reasons ranging from “neither of us can afford to move out” to “neither of us wants to lose the opportunity to see the children on a daily basis”, couples living together while the divorce is pending is more common than you think.

It’s normal for a couple going through a divorce to still be living together in the marital home. For example, the couple might continue to live together while the marital home is placed on the market and waiting to be sold. Sometimes, it works out for people who have kids and help each other manage their work schedule while the divorce and paperwork are finalized

Under no circumstances should a spouse stay in an abusive relationship and/or home. There is no good reason to stay…especially if you have kids!

When abuse is present, but you feel like you can’t afford to move:

Don’t let money be the reason that keeps you in an abusive home or relationship. If you are a victim of domestic violence, you can request the court for the exclusive use of the home while litigation (your case) is pending. You can even make this request if a divorce action was already filed. You can ask the Court for exclusive use and possession of the home by filing a motion. And if you feel that you can’t afford to pay the monthly mortgage or rent payments, you can ask the court to maintain the status quo.

Status Quo:

In Miami-Dade County, there’s an administrative order referred to as the status quo order which requires the parties to refrain from disrupting the norm established throughout the relationship, like who was required to pay the bills, who was supposed to pick up the kids, etc. So, if your spouse was the one that paid the monthly mortgage/rent, then he or she cannot stop paying until there’s another order from the court.


Going through a divorce is difficult. It feels never-ending, and it consumes your thoughts. But you’ll get through it. It’s temporary. Your happiness is worth it. Trust me!

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

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