Can you date during your divorce?

On Behalf of | Sep 20, 2023 | Divorce

Your marriage is over, and you’re pretty much “over the whole thing,” but that doesn’t mean you want to be alone. In fact, the longer you’ve been unhappy in your current relationship, the more likely you’re ready to move on with someone new.

Unfortunately, dating during your divorce can be highly problematic for more than one reason. While it’s natural to seek companionship and support, the emotional and legal complications probably aren’t worth it. Here’s why:

You can make the asset division process harder

Getting through a divorce with a minimum of difficulty requires at least some cooperation from both parties – and any spirit of cooperation may evaporate when one spouse moves on faster than the other.

Even if your spouse is the one who asked for the divorce, they may not be emotionally prepared to see you with someone new. That could sour your ability to effectively negotiate with them when it comes time to divide up the marital assets and debts. 

If your spouse wasn’t the one who wanted the divorce, the fact that you’ve moved on so quickly may flat-out infuriate them. They may retaliate against what they see as your disrespect by intentionally making the divorce process harder, longer and more expensive.

Worse, you could also be accused of dissipating the marital assets if your spouse has any evidence that you used marital funds to pay for romantic dinners, vacations with your new love interest or gifts. If their allegations are credible, it could leave you with less than you expect to receive from the split.

You could negatively affect your custody case

Nothing can set a parent off faster than the idea that they might be replaced in their children’s minds or hearts by their co-parent’s new partner. Dating before your divorce is finalized could open a veritable “can of worms” that affects any parenting plan you want.

Your spouse may allege that you’re putting your romantic liaisons ahead of your child’s best interests. They may also push for restrictions in the parenting plan that control when and how you even introduce your new romantic partners to your child – essentially taking away your autonomy. 

What’s the takeaway here? Well, there’s nothing illegal about dating during your divorce, but it’s still not a wise move. Before you make any choices that could damage your position during your divorce and jeopardize the outcome of your divorce, it may be wisest to get some legal guidance.


At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.

Let Me Be Your Brave

Mia Poppe, Esq.

Mia Poppe, Esq.
Managing Partner