Can You Date During Divorce?
During the course of a divorce, many separating spouses may want to start dating – any why not, after all some divorces can take a long time and we are all entitled to some fun and happiness. However, whilst you perhaps need to be discreet, you most certainly need to be aware of the possible consequences; particularly if divorce proceeding are especially acrimonious.
You might find yourself lonely and stressed and perhaps you just want a little fun - whatever the reason, dating someone during a UK divorce is a decision which only you can make, BUT you need to be ware that dating, regardless of how serious, can have an adverse impact on your relationship with your former partner, divorce proceedings, child contact and any financial settlement for the following reasons:
Dating can often ‘rub salt into wounds’ and cause a greater degree of animosity from a former partner. This can not only make the divorce process more difficult (and possibly more expensive), but also, it can interfere with any child contact proceedings.
Dating and living with a new partner can impact on your divorce / financial settlement. The courts will consider if the new relationship is stable – but more importantly, they might consider the assets of your new partner. By living with a new partner, it might be argued that your needs may be less than if you were not in a relationship. It’s worth noting that if your new partner has a modest income or indeed, no income at all, it is unlikely that the settlement outcome would be affected.
There are situations where separated couples live with their new partners for several years before getting divorced. This can often be for several reasons. However, you need to consider that:
If your partner is receiving a high income, this is likely to make a difference to your eventual divorce settlement. This is because the courts understand that by cohabiting, you are likely to share the financial burden of purchasing or running a property with your new partner. It’s worth pointing out that should your relationship with your new partner fail and a settlement with your divorce has already been resolved, you can’t apply for further divorce / settlement funds. This is why it is well worth getting a divorce finalised prior to living with any new partner.
In terms of spousal support, where your former partner pays maintenance to help with living costs; such maintenance orders don’t end on cohabitation, but they will end as soon as you marry your new partner.
Spousal maintenance orders can be reduced in both amount and term or even stopped entirely depending on the length of your cohabitation period and combined financial security.
Spousal maintenance can also stop once a pre-designated fixed term has ended OR upon a specific event such as children being no longer dependent OR you and your partner becoming financially stronger.
Whilst everyone has the right to be happy, we advise you to be discreet regarding and pre-divorce relationships. It is worth thinking long and hard about the potential consequences before dating and living with someone – prior to finalising your divorce.
For further information and advice talk to RJS Family Law