Nothing in the law prevents a party from moving out of their marital residence. However, there are potential consequences to consider. First, if there are minor children involved, it is prudent to obtain a custody agreement or order before moving out. Second, moving out can trigger an obligation of child and spousal support. It also generally gives the spouse remaining in the marital residence additional leverage in the divorce. You must also consider who is going to pay for the upkeep of the house, including the mortgage and property taxes.