Is it against the law to not live with your spouse?

My wife is pregnant and I plan to file for divorce. I want her to move out of the apartment but she refuses to leave. She said its against the law for me to move her out since she is pregnant. Is this true?

Asked on June 24, 2012 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your wife and you are living in the marital home then she has just as much a right to live there as you do and you can not move her out or change the locks with out an agreement between you (and I would get it in writing) or a court order allowing you exclusive occupancy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.