Should You Date While Separated in NY?

Sometimes, people are ready to move on romantically by the time they separate from their spouse. If you find yourself thinking about engaging in another relationship while separated from your spouse, knowing the benefits and drawbacks of doing so can help you make the best decision for your future.

To schedule a consultation with our team for your divorce, contact us online or via phone at (845) 203-0997.

Is Dating While Divorcing Illegal in New York?

Maybe. If you have sexual relations with another person while married, you are committing adultery, which is legal grounds for divorce in New York.

However, if you have a notarized and signed separation agreement, you can legally live apart from your spouse before finalizing your divorce. This also enables you to date another person if you so choose.

Should You Date While Divorcing?

Generally, dating while you're divorcing isn't a great idea.

The first risk you run is making your ex angry. While that may be exactly why you want to date, it's not a good plan if you want an uncontested divorce. Your soon-to-be-ex may be less likely to negotiate equitable terms for your divorce if you make them angry.

Secondly, if you share children, it gives your ex ammunition to use against you in the child custody case. They may argue that you're setting a bad example by moving on from the marriage so quickly.

There are a number of other issues that can arise from dating while divorcing. For example, if you end up mixing your new partner's assets in with your marital assets, it could complicate the property division process. Spending marital assets on your new partner could also result in facing penalties from the court and having to repay your ex for the spent assets.

At Letterio & Haug, LLP, we can help you finalize your divorce so that you can move on. To schedule a consultation with our team, contact us online or via phone at (845) 203-0997.

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