My children have only known our marital home as their house, I don’t want to move, and I can’t afford it without my spouse?
Sometimes the Court will allow one party to stay in the marital home while the minor child(ren) finish high school or reach majority. It is important that the trial court set a specific enddate for the exclusive use and possession of the marital home though. The Court can even order the mortgage to be split as part of equitable distribution and not as an inclusion in child support.
Specifically in one recent case out of the Second District Court of Appeals the parties had a minor child. The Court ordered that the minor child and mother could remain in the home until the minor child reached eighteen. The trial court further ordered that the father pay child support and pay half the mortgage. Once the child reached eighteen the home could be sold and the proceeds split. The father appealed this decision and the Second District Court of Appeals found that the court had set a specific endpoint and that the requirement that he pay half the mortgage was not a part of his child support.
In the current economic times it sometimes does not make financial sense to sell the marital home immediately. This is one solution which is sometimes explored in Florida Divorces.
See, Philips v. Philips, 37 Fla. L. Weekly D496 (Fla. 2nd DCA 2012).
Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law and Civil Litigation. He is admitted to practice law in the State of Florida and the Federal Court for the Middle District of Florida. He primarily practices in Lee County Florida in Cape Coral and Fort Myers, Florida.