Legal Question in Family Law in New York

Yes but if the spouse who is leaving is the breadwinner then he/she should proceed with caution. The other spouse can file a motion in the divorce case for "pendente lite" relief. Basically, the breadwinner would be compelled to maintain two separate households, the marital residence plus his/her new residence. This can be a very expensive penalty. Seek legal advice from a family court attorney before making any rushed decision which can potentially damage your divorce case.