Housing Options During and After Divorce

Divorce often means housing instability. You may need to leave your current home, your income situation changes (especially if child support is involved), and you're navigating legal issues while trying to keep a roof over your head. If you have a Section 8 voucher or live in public housing, your lease is affected by the divorce. This guide explains how to protect your housing through the divorce process, what happens to your voucher when your spouse leaves, emergency options if you're in crisis, and your rights under VAWA if domestic violence is involved.

How Divorce Affects Your Section 8 Voucher or Public Housing

Your housing lease is tied to your household. When your spouse moves out (or you move out), the household composition changes, which affects your lease and your rent. Here's what you need to know:

Lease Bifurcation (Section 8)

If you and your spouse have a Section 8 voucher, you likely have a joint lease with the landlord. Your voucher is issued to both of you as the "household." When you divorce, one of you needs to transfer the lease to a separate unit with your own voucher, or the lease needs to be "bifurcated" — split into two separate leases in the same unit (rare) or one of you needs to become a new household.

Who Gets to Stay?

This is often determined by your divorce settlement or custody arrangement:

• Custodial parent with children: Usually stays in the current housing with the voucher (or at least has first right to it)
• Non-custodial spouse: Needs to find alternative housing, possibly with their own Section 8 application if they're eligible
• No children: Either party can claim the voucher, but the PHA will decide based on who was the original applicant or other criteria

Public Housing Lease

If you live in public housing (not Section 8), the process is similar. The lease is typically in one person's name (the primary leaseholder). If you're the leaseholder and want to stay, your spouse must move out. If your spouse is the leaseholder, you may lose housing when they leave.

Income Recalculation When Your Spouse Leaves

When your spouse's income is removed from your household, your rent should decrease. This is a major advantage and may be the difference between staying housed and facing hardship.

What Happens Immediately

When your spouse moves out, your household composition officially changes. You must notify your PHA immediately. The rent should be recalculated based on your new household (just you and any children/dependents who remain with you).

Example: Income Decrease

Maria and her spouse both work. Combined household income: $4,000/month. Maria's TTP (30% of adjusted income): $800/month. When her spouse moves out and takes their $2,500/month income with them, Maria's household income drops significantly, and her TTP might decrease to $500/month or less (depending on deductions).

Child Support and Alimony

Child support or spousal support you receive counts as income for Section 8 purposes. If you're receiving support payments, those are added to your income and increase your rent. However:

• If you're not receiving support (your ex isn't paying), your income only counts what you actually receive
• If you're expecting support but not receiving it, document this. Your PHA might allow you to claim $0 support income if it's truly not being paid
• Alimony (spousal support) is treated as income
• Child support is treated as income

How to Request Income Recalculation

Contact your PHA immediately when your spouse moves out. Provide:

1. A copy of your divorce decree or separation agreement showing the split
2. Documentation that your spouse is no longer part of your household (proof they've moved to another address)
3. Updated income information for yourself and any children with income
4. Documentation of any child support or alimony you're receiving

Request an interim recertification so your rent is recalculated immediately, rather than waiting until your annual recertification. Many PHAs can process this within 30 days.

Updating Your PHA: Household Changes

Beyond income, other household information changes during divorce:

Household Composition

Notify the PHA of:

• Your spouse moving out
• Any child custody changes (who lives with you and how often)
• New household members if you're now living with family or others
• Change in family size that affects bedroom requirements

Lease Updates

If you stay in the current unit, you likely need to update the lease to remove your spouse's name and add only yours. The landlord should remove your spouse from the lease. The PHA will confirm that the lease matches the approved household composition.

Contact Information

Update your address, phone number, and email with the PHA. If you move to a new address before the next recertification, the PHA must reach you. If they can't, you could lose your voucher.

Child Custody, Bedroom Size, and Your Voucher

Your Section 8 voucher is approved for a specific unit size based on your household composition — primarily the number of children in your care.

How Custody Affects Bedroom Size

The key question: How much time do the children spend in your home?

• Full custody or primary custody: Children live with you full-time. They require a bedroom in your calculation. Your voucher is approved for that bedroom size.
• 50/50 custody: Children split time equally. In some cases, the PHA counts them as requiring a full bedroom with you. In other cases, if custody is truly 50/50 and simultaneous with the other parent, the PHA might allow a smaller unit. Ask your PHA about their policy.
• Visitation only: Children stay with you occasionally (weekends, holidays). The PHA typically does not count them as requiring a bedroom, unless you have overnight visitation rights.

Custody Changes and Housing Transitions

If custody changes (you gain full custody after previously having visitation), you might need a larger unit. Report the change to your PHA. You may be able to request a transfer to a larger unit. Conversely, if you lose custody, you might move to a smaller unit and get a higher rent if your voucher was sized for the larger unit.

Overnight Visitation Rights

Some PHAs require that you have overnight visitation rights (not just daytime visits) for children to be counted in your household. If you have weekend or holiday overnight visitation, children are typically counted. Clarify this with your PHA.

Emergency Housing Options During Divorce

If you're in crisis and facing homelessness during divorce, there are emergency options:

Domestic Violence Shelter

If your divorce involves domestic violence, emergency shelter is available. Call the National Domestic Violence Hotline at 1-800-799-7233 for shelter referrals in your area. Shelters are free and provide emergency housing, counseling, legal services, and help with long-term housing.

Emergency Rental Assistance

If you're at risk of homelessness or eviction due to divorce, you may qualify for emergency rental assistance. Contact your city or county human services department or see our guide on emergency rental assistance programs. Some programs specifically assist people in crisis situations.

Temporary Stay with Family or Friends

While you're figuring out permanent housing, staying with family or friends temporarily is often the fastest solution. However, if you're receiving Section 8, the PHA needs to know where you live. Temporary stays should be reported to the PHA if they're more than a few days. Provide documentation (letter from the host) confirming your temporary address.

Accelerated Housing Search

If you need to find new housing quickly during divorce:

• Apply to multiple units simultaneously
• Be transparent with prospective landlords about your situation if needed (your divorce is recent, you need housing quickly)
• Bring documentation of your Section 8 voucher to accelerate landlord decisions
• Use your housing counselor to help identify available units quickly

VAWA Protections if Domestic Violence Is Involved

The Violence Against Women Act (VAWA) protects people experiencing domestic violence, sexual assault, dating violence, or stalking. If your divorce involves abuse, VAWA may protect your housing rights.

What VAWA Protects

Under VAWA, if you're a victim of domestic violence:

• Your abuser cannot use housing loss as a threat or control mechanism
• You cannot be evicted solely because of domestic violence or police calls related to abuse
• You may be able to bifurcate your Section 8 voucher so your abuser doesn't control it
• Your address can be kept confidential from your abuser
• You have the right to change locks if you leave the unit (in some circumstances)

How to Request VAWA Protections

Contact your PHA and request VAWA protections. You'll typically need to:

1. File a police report (or explain why you can't)
2. Provide documentation from a shelter, counselor, clergy, or doctor attesting to abuse
3. Complete HUD's VAWA certification form
4. Explain how the abuse affects your housing (e.g., your abuser controls the lease, threatened to evict you, etc.)

Lease Bifurcation Under VAWA

If both you and your abuser are on the Section 8 lease, you can request that the PHA bifurcate (split) the lease so only you are on the lease. Your abuser loses access to the voucher, and your housing is secure even if they remain in the unit temporarily. This protects you from eviction initiated by your abuser.

VAWA Criminal History Exception

If you were convicted of a crime while being abused (domestic violence survivors sometimes are arrested for incidents that occurred during abuse situations), VAWA may allow you to access housing despite the conviction. Explain your VAWA status when applying for housing.

Finding VAWA Resources

Contact:

• National Domestic Violence Hotline: 1-800-799-7233
• Local domestic violence shelter or program
• Legal aid in your state: Lawhelp.org
• Your PHA's civil rights office

Non-Custodial Parent Housing Issues

If you're the non-custodial parent and losing your current housing due to divorce, you have options:

Apply for Your Own Section 8 Voucher

You can apply for a Section 8 voucher in your own name if you meet income and eligibility requirements. However, you won't get priority for the voucher (you won't have a preference as a custodial parent or as experiencing homelessness unless you're actually homeless at the time of application).

Stay in Shared Housing

Find a roommate situation, shared housing, or co-tenant arrangement. See our guide on shared housing and roommate strategies for options. Shared housing is often more affordable and easier to secure than a unit alone.

Emergency Housing if Homeless

If you become homeless, contact your local emergency shelter or call 211. Homelessness may qualify you for priority on Section 8 waiting lists.

Legal Assistance During Divorce

Housing issues during divorce are complex and often intersect with custody, support, and property division. Don't handle this alone.

Legal Aid for Divorce

Free or low-cost legal services for divorce are available through:

• Legal Aid: Lawhelp.org connects you to free legal services based on income
• Domestic violence programs: Often provide free legal assistance if abuse is involved
• Legal clinics: Law schools and bar associations often offer free divorce clinics
• Mediation services: Many communities offer low-cost mediation to help couples reach agreement without court

Housing Counseling During Divorce

A housing counselor can help you understand how your divorce affects your voucher, navigate income recalculation, and prepare documentation for your PHA. See our guide on finding a housing counselor.

Timeline: What to Do When

Immediately After Separation or Divorce

• Notify your PHA that your spouse has moved out
• Request an interim recertification for income adjustment
• If applicable, request VAWA protections
• If you're losing housing, apply for emergency rental assistance
• Contact legal aid if you need a lawyer for divorce or VAWA issues

During Divorce Proceedings

• Negotiate custody and support that will determine your household income
• Ensure your divorce decree addresses housing (who keeps the lease, where each party will live)
• Document all changes to your household for the PHA
• Keep your PHA updated on your current address and contact information

After Divorce Finalization

• Provide a copy of your divorce decree to your PHA
• Update your lease and household composition
• Ensure your Section 8 rent reflects your new household income and composition
• Update custody and support information at recertification