Brian D. Perskin & Associates

Divorced and Living Together with Brian D. Perskin & Associates, P.C.

According to a report on the Huffington Post, Gwyneth Paltrow and her soon-to-be ex-husband, Chris Martin, are still residing under the same roof. In fact, they even spend time together at a new home in Malibu. While the couple, who are well known for coining the term "conscious uncoupling" while announcing their divorce this past March, may be putting their separation plans on hold, a number of divorcing couples are opting to remain in the marital residence during, and after, their split.

Some ex-spouses choose to live together to benefit their children, in an attempt to make the divorce easier and less stressful on them. Instead of moving between households and splitting time with their parents, children will continue to experience living the same life as they did before their parents announced their divorce. This, however, can be confusing or even damaging to kids. For instance, children can become dismissive or divorce when their parents act like their relationship or situation didn't change after breaking the news of their separation. Sometimes, situations arise where divorcing spouses are able to cohabitate without hostility, jealousy, disagreements, or general tension between parties. This is not common. Typical divorcing spouses have some sort of tension or discord in their relation, hence why they are ending their marriage. Children are very intuitive and pick up on body language and verbal cues, so it is tough to hide any negativity between divorcing parents. In this case, it is best if parents opt to live at different residences because it is more beneficial for the children. Furthermore, technology is changing and as a result, co-parenting from different households is easier than ever.

Another reason divorcing or divorced couples cohabitate is because they cannot afford to live in different households. The carrying costs of marital residences can be high after factoring in mortgage payments, repairs and maintenance, and monthly expenses. Usually, couples who find themselves in this kind of situation will remain living under the same roof until they are able to come to an agreement that will either allow one person to buy out the other's share of the property, or until they are able to sell the residence and split the proceeds. There is usually a stipulation in a divorce agreement that outlines the equitable distribution of marital assets, which includes property, jewelry, art, financial accounts.

There are instances where one spouse will insist on remaining in the shared residence in an attempt to either prolong the divorce process, or in a last ditch effort to "save" the marriage. Chances are, if you're getting divorced, there is a very good and legitimate reason for it. Perhaps after meeting with matrimonial attorneys, mediators, or even marriage counselors, you and your partner may start to entertain the idea of putting the divorce on hold. However, this isn't always the case. Spouses who continue to live together after filing for divorce can create more tension and hostility in their deteriorating relationship, which can very likely lead to more petty legal battles.

Divorces are difficult and post a number of questions concerning finances, property child custody and visitation that must be addressed. An experienced New York State matrimonial and family law attorney can help you tackle these questions, and any other concerns or reservations you may have, and develop a plan of action that is unique to your particular situation and case. Contact the office of Brian D. Perskin & Associates, P.C.today to schedule a free and confidential consultation with the best family law firm in New York City!