Reviewed by Diana Szabo, Esq.
Divorce is an incredibly complex and emotional process, and you may feel isolated and alone during this process. For some, the idea of going on a date is something they may not consider for years after their divorce, while others want to jump back into the dating pool as soon as possible. However, you may want to think twice about dating before your divorce is filed. The following blog explores what you should know about how this can impact the outcome of your divorce and how a Long Island divorce lawyer can help answer any questions you have regarding these matters.
Why Shouldn’t I Date Until My Divorce Is Finalized?
Though it’s not illegal to date while getting a divorce, even if you’re legally separated, it’s not in your best interest to do so. Dating while divorcing can cause several issues, so it’s strongly advised to wait until this process is over.
One of the most common reasons it’s advised to avoid dating while your divorce is ongoing is because you and your spouse are still legally married. In New York, you can still file on the grounds of adultery, so your spouse may claim that your new partner is the reason your marriage failed. This can complicate your divorce even more than it already is, meaning you’ll spend more money trying to end your marriage.
Additionally, if you date while divorcing, your spouse can claim that any money you’ve spent constitutes marital waste. This means you could owe your spouse money or receive fewer assets during the property distribution portion of the divorce to compensate your spouse for the assets you’ve used while dating.
Will Dating Impact Custody or Alimony?
Dating during a divorce can have an impact on custody, as New York determines custody in accordance with the best interests of the child. As such, a judge will ultimately consider how and when a new partner was introduced, or if the introduction created additional instability during an already tumultuous time for the child. If the person you are dating has a criminal history, this will likely become an issue, as your spouse’s attorney will raise this to the court, and the court will factor in who is spending time with your children.
Moving in with a new partner may also impact spousal support, though this will not automatically happen, nor will it happen during the divorce itself. Domestic Relations Law § 248 applies after a final judgment has been rendered, and it gives the court discretion to end maintenance only where the recipient is both habitually living with another person and holding themselves out as that person’s spouse. Cohabitation alone does not meet this standard.
As such, it is far from your best interest to date during the divorce process.
Can I Date After My Divorce Is Finalized?
Once your divorce is finalized, it’s important to understand that you are free to date and remarry, just as your spouse is. However, your divorce decree may include stipulations you and your spouse must follow if you have children. Typically, this will center around a time limitation as to when you can introduce your new partner to your children or barring overnight guests while the children are in the home.
Working with your spouse to determine which provisions regarding dating and your children work for you is critical to ensuring you both are comfortable with the terms and conditions.
Contact an Experienced New York Divorce Attorney Today
When you’re going through a divorce and have questions or concerns about what actions can help or hurt your case, the team at Barrows Levy PLLC is here to answer. We understand that this is a complex time, which is why we can assist you with any issues that may arise. Connect with our team today to learn how we can help you.
