Sometimes, the decision to divorce comes with an immediate change in living arrangements. A spouse filing for divorce due to domestic violence or infidelity might arrange to leave the shared home as quickly as possible or might seek legal support to remove their spouse from the home in some cases.
For other couples, immediately ending cohabitation isn’t a realistic goal during divorce. Financial pressure, dependent children and even anxiety about property division proceedings can lead to both spouses remaining in the marital home throughout the divorce. Not every couple can immediately separate their lives when they initiate divorce proceedings.
Obviously, close proximity and regular interactions with a spouse during divorce are often a recipe for intense conflict. How do spouses manage to live together while taking steps to permanently live separately?
An agreement can facilitate cohabitation
Couples can negotiate contracts that protect them when they live together. Typically, cohabitation agreements are beneficial for couples who don’t intend to marry but want to live together. They draft a contract outlining financial standards and expectations for contributions to the shared household. They may even establish preemptive plans in case the relationship ends.
Spouses who want to divorce but who need to temporarily continue living together may benefit from negotiating a similar agreement. Committing specific terms to writing helps make the agreed-upon terms easily referenceable if a dispute arises and possibly also legally enforceable depending on the circumstances.
Spouses can agree to a specific breakdown of financial responsibility for their shared home. They can commit to a specific division of unpaid household responsibilities, including maintenance of the property and childcare. They can also establish clear boundaries with one another, such as not bringing new romantic partners into the shared living space.
Such agreements can help diminish the opportunity for conflict and can set spouses up for an amicable or at least low-conflict cohabitation arrangement until they finally divorce. Provided that both spouses uphold the agreement, they can share responsibilities until they list the home for sale or one is able to move to their own place.
Identifying potential sources of conflict and stress early in the divorce process can help people take the right steps to protect themselves. Those who continue to cohabitate out of convenience or necessity may need to take steps to protect themselves until they can begin living separately.