Do I have to pay for a place for my wife to live during our separation pending divorce?

UPDATED: Sep 30, 2022

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Do I have to pay for a place for my wife to live during our separation pending divorce?

I’m divorcing my wife. We have 2 children and are our the state a year of separation is required before a divorce can be finalized. Our lease is ending and I am planning on moving without renewing it. Since she is not currently working, am I required to renew the lease and pay her rent? She keeps saying that if I don’t do it, she and the kids will be homeless but I cant afford to pay for both.

Asked on February 1, 2016 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are not required to pay for a *separate* location for her, but while you are still married, you can't keep her from moving in with you wherever you lease or rent: one spouse may not exclude the other from any marital residences (e.g. someplace leased by a spouse while legally married, if it is the only residence) while still married. So you can't move out and leave wife and children behind.

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