Florida has a rich history of folklore and legends and Sarasota County is no exception. Attorneys P.J. and Alexis Downyok are quite fond of spinning yarns about a wide variety of tales, from Bertha Honoré Palmer to Sara De Soto. The two of them love a good story and a little adventure, whether it involves a Skunk Ape sighting or not!
However, there is one frustrating myth the attorneys of Downyok & Downyok would like to debunk: the persistent rumor that divorcing couples must continue to live together because whoever leaves the family home loses their rights to it. Let’s bust that myth right here and now.
The Myth: If You Move Out, You Forfeit the House
It’s a story that spreads faster than a rumor at a beach bar. You confide in someone you trust that you and your spouse are thinking about splitting up, and they warn you not to move out before your divorce is finalized. They claim anyone who leaves the family home “gives up” their interest in it.
Like a Skunk Ape story told on a starry night, this tale is dramatic and scary… but it stinks like the Skunk Ape’s swamp.
The Truth: Florida Is an Equitable Distribution State
Under Florida law, the fact that you leave the marital home does not mean you give up your ownership rights to it. Florida follows the principle of equitable distribution, which means that assets acquired during the marriage—including the home—are subject to a fair division, not necessarily a 50/50 split, but one that accounts for both parties’ circumstances.
Rather than looking at who stays and who goes, the law considers:
- When the home was acquired (before or during the marriage)
- Whether marital funds were used to pay the mortgage or improve the property
- Who is taking care of the home—financially and just generally making sure it doesn’t fall in on itself
Simply put: Moving out doesn’t magically erase your name from the title or your equity from the property.
Why Moving Out Might Be a Good Thing
In many cases, moving out of the family home while your divorce is pending can be a strategic and emotionally healthy choice:
Reduces conflict. Physical distance can de-escalate tension and help both spouses think more clearly. It is often easier for spouses who are living separately and communicating through their attorneys to come to an amicable divorce agreement.
Protects children from emotional stress and prepares them for post-divorce life. Kids are like little sponges. Minimizing their exposure to conflict can shield them from the more unsavory aspects of divorce. And slowly adjusting to what it will be like to have parents living in two separate places is often a good thing.
If there is domestic violence or the threat of harm, the priority is safety—period. Leaving the marital home in these situations is not only justified, it’s often necessary. Florida courts recognize this and do not penalize survivors of abuse for removing themselves or their children from danger. Protective orders, temporary custody, and exclusive use of the home can all be part of the legal solution.
All that being said, you should consult with an experienced family lawyer like those at Downyok & Downyok before you leave. That way, you can take the necessary steps to protect yourself and your kids if domestic violence is a concern, make sure you have a plan for how you are going to spend time with your kids while living apart, and demonstrate your commitment to ensuring the family home is well-kept and secure following your departure.
Florida Folklore Is Not a Good Substitute for Sound Legal Advice
If the advice your friends are giving you as you head toward divorce smells a little bit fishy, you might be in Skunk Ape territory. Don’t panic or move too quickly, instead contact the seasoned divorce attorneys at Downyok & Downyok for some actual advice. We’re a Florida family law firm that knows how to navigate the law and the local lore. Reach out today to set up a meeting with our team.
