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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption