Can a husband move out and refuse to pay rent if his kids are still in the apartment with his wife?

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The husband has told his wife several times he's moving out. He's finally said he's giving their landlord notice to take his name off the lease at the end of the month in which their second child will be born. He can't divorce her while she's pregnant and doesn't want to initiate the divorce because he doesn't want to be the "bad guy" in the court's eyes... He doesn't want to live with his wife or kids. He also says he won't pay rent. Can he legally refuse to pay rent to put a roof over his 4-year-old's and newborn's heads?

Attorney Answer

1
Mary Commander ·
As I understand the question, he is "saying" he's going to do something. Maybe he will. Maybe he won't. If he leaves, the wife can go to court and file for child and spousal support. Until there is an Order, she cannot make him do anything.
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