5 Benefits of an Interim Move-Out Agreement Before Divorce

A common dialogue at intake with a new client goes something like this:

Client: “My wife and I have been separated for many years and want to get divorced.”

Me: “So, you have a written Separation Agreement or Judgment of Separation?

Client: “No, I left the house years ago because the constant fighting became too much to bear.”

Too often, I have to explain to clients that simply moving out, by itself, does not create a legal separation in New York. Working out all the financial and parenting issues can take months, if not years, and some clients aren’t willing to wait until all is finalized to physically separate.  Unless your safety is at stake and you need to leave immediately, generally, before moving out, you should consult with an attorney about ways to preserve your rights/interests.  Below are 5 key reasons to retain an attorney, or an attorney mediator, to draft an Interim Move-Out Agreement before you move out:

1)     Establish Who Lives in the House and the Terms- If one party is leaving to avoid conflict but doesn’t want to waive his/her rights to reside there in the future, an interim agreement can address these concerns. 

2)     Create Financial Ground Rules- It can also address some practical questions/issues such as who pays the mortgage/rent, utilities, taxes, and other expenses there, and in any future rental you may need.

3)     Establish a Temporary Parenting Plan- If there are children, it can address where children will reside and how child related expenses will be shared temporarily, until a comprehensive Agreement is reached.

4)     Creates a Clear Record- This can be a notarized, binding Agreement that creates a clear record and ability to have enforced if breached.

Fifth and finally, this document can create a bridge to a more comprehensive agreement for down the road.

  Yes, I am an attorney but I’m not your attorney and this article does not create an attorney-client relationship. This article is legal information and should not be seen as legal advice. Consult with an attorney and a financial planner regarding your situation and goals.