Can We Both Stay in the House Until the Divorce is Final?

 Posted on August 23, 2025 in Division of Assets

When divorce begins, one of the first concerns many couples face is where they will live. Sharing the marital home until the court finalizes the divorce is a common consideration. Many couples remain in the same household until there is a final judgment, either by choice or financial necessity. However, questions often arise about legal rights, financial obligations, and how living together might affect property division or parenting. 

Every case is different, and these issues can be confusing and stressful to navigate. Speaking with an experienced Naperville, IL divorce attorney can provide clarity and help you make informed decisions about your situation.

Does Illinois Law Require One Spouse To Move Out During Divorce?

As of August 2025, Illinois law does not automatically require one spouse to move out when divorce proceedings begin. However, the court can intervene when the situation calls for it. Under Section 501 of the Illinois Marriage and Dissolution of Marriage Act, the court may grant temporary orders to address issues related to housing, finances, and parenting while the divorce is pending. This means a judge may order one spouse to move out if it is in the best interest of the family, particularly when conflict or safety concerns exist.

Courts generally prefer not to force a spouse out of the marital home unless there is clear evidence that staying together poses harm. For example, if domestic violence has occurred, the Illinois Domestic Violence Act, under 750 ILCS 60/214, allows the court to grant an order of protection. It can include exclusive possession of the residence. In those cases, one spouse may be legally required to leave the home for safety reasons. For couples who are not experiencing threats or abuse, both spouses usually have the legal right to remain in the house until property division is finalized.

Does Staying in the Home During Divorce Affect Who Gets the Property After?

Many people worry that moving out of the home will harm their chances of being awarded the property during the divorce. However, under 750 ILCS 5/503, property acquired during the marriage is considered marital property, regardless of who lives in the home during the divorce proceedings. Therefore, moving out during the divorce process does not automatically mean that you will lose it. The court looks at certain factors when deciding who receives the property. For example, they will consider contributions you both made to the marriage and your current financial situation. 

If you have children, that plays a significant role in the process. Whenever children are involved in a legal matter, Illinois courts make their decisions based on what serves the children’s best interests, so the needs of any children are a priority when deciding who receives the property. Still, judges may consider certain practical factors. If one parent remains in the home with the children, the court might find it more stable to award that parent the residence. Each case is unique, and the outcome depends on the family’s specific circumstances.

What Are the Advantages and Disadvantages of Staying in the Home Together During Divorce Proceedings?

Remaining in the marital home during a divorce has both benefits and challenges. For some couples, the arrangement works well. For others, it becomes stressful and damaging. Some advantages to consider include:

• Financial stability: Maintaining one household instead of two can reduce expenses while the divorce is ongoing. Splitting costs may be more manageable than paying rent or a mortgage separately.

• Children’s stability: Children may feel more secure if both parents remain in the family home, at least temporarily. This can provide consistency during an uncertain period.

• Time to plan: Remaining in the home allows both spouses additional time to prepare financially and emotionally before making permanent changes to their living arrangements.

Disadvantages to staying in the home during divorce proceedings may include:

• Emotional tension: Divorce often involves hurt feelings and conflict. Living under the same roof can make arguments more frequent.

• Lack of privacy: Spouses may find it difficult to move on if they are still sharing a home.

• Impact on negotiations: Constant conflict in the home may make it harder for spouses to cooperate during settlement discussions.

• Confusing signals to children: Children may struggle to understand the divorce process if both parents continue living together, which can create false hope or emotional strain.

In some cases, the disadvantages outweigh the benefits. Speak to an experienced attorney about your situation before making any significant decisions.

How Living Arrangements Can Influence Parenting Plans

While decisions about housing do not directly determine child custody, living arrangements during a divorce can indirectly affect your final parenting plan. Courts in Illinois place the best interests of the child above all else when allocating parenting time and decision-making responsibilities. Under 750 ILCS 5/602.7, judges look at factors like the child’s adjustment to home and community and the ability of each parent to cooperate.

If both parents remain in the marital home peacefully, this can demonstrate a willingness to cooperate and provide stability, which courts view positively. However, when shared living leads to frequent conflict, judges may view it as harmful to the child’s well-being. In some situations, tension inside the home can become a deciding factor in how parenting time is structured once the divorce is finalized.

Additionally, parents who remain under the same roof must create clear routines for their children. Maintaining consistent schedules for meals, schoolwork, and bedtime can show the court that the children’s needs are being prioritized despite the pending divorce. These small but important details often influence a judge’s assessment of what arrangement will best serve the child moving forward.

Contact a DuPage County, IL Asset Division Attorney Today

Choosing whether to remain in the marital home during divorce depends on your family’s unique needs and circumstances. Our knowledgeable Naperville, IL divorce lawyer brings trusted experience to every case. He is a former chair of the DuPage County Bar Association Family Law Committee and a frequent lecturer on family law issues. More importantly, Attorney Calabrese has been practicing law for decades, and in that time, he has acquired a reputation for strong legal representation, scoring a perfect 10 Avvo rating.

At Calabrese Associates, P.C., we are dedicated to honest and ethical representation. We value compassionate service and protecting children and families. We understand the need to provide individualized strategies for every client. Call us today at 630-393-3111 for your initial consultation to find out how we can help you.