Who Pays Rent During Divorce?

Who pays rent during a divorce largely depends on who is legally responsible under the lease agreement and the living arrangements during the separation.

1. If Both Spouses Are on the Lease

When both spouses are named on the lease, both are legally responsible for paying the full rent amount each month, regardless of who is living in the property. The landlord can hold either or both spouses accountable for rent payments. This means that even if one spouse moves out, the other spouse is still responsible for making sure the rent is paid on time, or both can be held liable.

2. If Only One Spouse Is on the Lease

If only one spouse’s name is on the lease, that spouse is solely responsible for the rent payments. The landlord cannot legally require the other spouse to pay rent if they are not on the lease, even if that spouse continues to live in the property. However, if both spouses live there, the spouse on the lease may seek reimbursement from the other spouse through the divorce process for their share of the rent.

3. During the Divorce Process

• The court can issue temporary orders that address who should pay rent during the divorce proceedings, especially if there is a dispute or if one spouse remains living in the home.
• If the home is jointly rented and one spouse stays while the other moves out, the court may require the spouse who moved out to contribute to rent or housing costs.
• Alternatively, one spouse might agree to pay the rent temporarily as part of a settlement.

Summary:

• Both spouses on the lease = both responsible for the rent.

• One spouse on the lease = that spouse is responsible for the rent.

• During divorce, courts can order financial arrangements for rent, but legally, the lease agreement controls who is responsible for payments.

If you’re unsure about your lease obligations or need help negotiating rent responsibilities during your divorce, consulting a family law attorney can provide clarity tailored to your situation.