If my spouse and I are not getting along, is moving out a wise thing to do?

Stanley Potter, a family lawyer in Toronto, answers:

On the positive side, moving out can reduce hostilities between the parties and also reduce the risk of an unhappy spouse calling the police an alleging and assault or threat which could have grave criminal implications.

You do not lose any property rights by moving out.

It is important to remember that just because you move out of the house you still may have legal obligation towards the payment of the carrying costs associated with the house if your name is on the title. Such payments as mortgage, taxes, upkeep etc. are still required to be done. You may be able to offset these costs if you can be successful in a claim for occupation rent against your spouse.

You will have to make sure that you have sufficient income to cover the housing cost and the costs of your new accommodations. Should you decide to move out, there may also be an obligation to pay spousal support if you were the main income earner and child support payer, if there are children remaining in the house with the other parent.

Custody and access of the children will also have to be resolved at some point in time. Should you move out and leave the children with your spouse, this could support your spouses claim for custody and child support. So it should be resolved prior (if possible) to moving out.