Is Dating During Divorce Adultery? A Legal Guide (Mar 2025)

Is Dating During Divorce Adultery: Defining the Problem

Legally, adultery refers to a married person having sexual relations with someone who isn’t their spouse. Anything short of that, such as going to dinner with someone, will typically not be adultery, but it’s important to be cautious because the law isn’t always clear.

If you do choose to date, it can be even more vital to understand when having sexual relations with someone else can harm your case.

Even if you think the marriage is over because you’ve served your spouse with divorce papers and moved out of the home or had them do so, you’re legally still bound. By its legal definition, you could be committing adultery in those circumstances.

Even if you’ve separated officially, the judge overseeing the proceedings will consider your conduct no matter what the reasons for divorce are. In the long run, dating while going through a divorce involves some risks.

Consequences of Dating During a Divorce

If you’re thinking about dating while going through a divorce, there are some potential pitfalls to consider.

Division of Property Problems

The goal when dividing property during a divorce is to help each spouse maintain the lifestyle to which they are accustomed. Your living situation at the time of the divorce will play a role in the division of property.

If you’re living with someone else, the judge will consider that when deciding on how to fairly divide marriage properties because they’ll assume you are sharing financial assets with your new partner.

Even if you’re not living together, any dating expenses you sustain that come out of a joint bank account will also be closely monitored. Spending marriage assets on dating can end up helping your spouse receive more property.

Spousal Support Concerns

If you’re only dating someone else, this might not necessarily be an issue, but if you’re living with them, your spouse may not agree to pay you alimony. They may state that your basic needs are being met by your new partner, and there’s a good chance the court will agree with them.

In some instances, you may even need to pay support to your spouse, instead. An alimony lawyer could fight this, but it can slow the process down and add to the costs of the divorce.

Child Custody Issues

The court has the best interests of your child in mind when deciding on custody arrangements. If you’re seen as having had many relationships, that could impact how stable the court considers you.

The judge may worry about the child’s safety if there are any red flags in your partner’s background or if you’ve dated a few people since the separation.

Your spouse will also be more likely to claim that you’re more concerned with dating than taking care of your child. Even if all evidence proves the contrary, it’s an argument that the court will need to seriously consider.

Increased Contentiousness of Proceedings

A spouse who sees that their partner is already moving on from the marriage can feel hurt, and that will only make the process more difficult. They may be less likely to cooperate during negotiations and could be less inclined to accept offers. In some instances, they’ll purposefully drag their feet through the proceedings.

Help Your Divorce Case With the Right Attorneys

If you or your spouse has been dating before your divorce is finalized, there could be complications during the legal proceedings. For those who are dealing with this problem or are struggling with contentious negotiations, one of the options is to hire a divorce mediation lawyer to help. They can help you navigate the process of agreeing on everything from child custody to alimony.

At ConsumerShield, our team can help you find the right attorneys for your divorce needs. We have contacts throughout the country and can connect you with legal counsel who will fight to protect your rights, no matter how complex your divorce is.

Don’t wait to get the help you deserve. Contact our team and let us help you find an attorney.