You are free to leave the marital home if you desire – but bear in mind that this may not be the best idea, depending on the circumstances of your divorce. For example, if you are seeking custody of your children, yet leave them with your spouse in the marital home, this might make you look irresponsible or uncaring for them in the court’s eyes. It may also result in significant financial disadvantages for you and/or your spouse. On the other hand, leaving the marital home may be the only option if you are receiving physical or verbal abuse from your spouse.
If you’re considering moving out of the marital home on your own, speak to your lawyer first. Find out what the consequences will be in your divorce case. There are some situations in which physical separation from the other spouse is recommended, but others in which it might negatively affect your chances of getting the best financial or custody settlement.