Dating During Your Divorce?

August 12, 2024

The period between your marriage breaking down and divorce finalization is often fraught with complex emotions and a desire to move forward. For many, this includes exploring new relationships. However, dating during your divorce in Illinois carries legal and emotional complexities that require careful consideration.

 

Illinois: A No-Fault Divorce State

 

In Illinois, “no-fault” divorce means the court doesn’t consider factors like adultery when determining the grounds for divorce, property division, or spousal support (alimony). This means you won’t face legal penalties for dating during your separation, with one exception. If you are entitled to maintenance and you begin living with someone you are dating, you may not be awarded maintenance (alimony)

 

Proceed with Caution: The Risks of Dating During Your Divorce

 

While legally permissible, dating during divorce can still create challenges:

 

  • Emotional Impact on Your Ex-Spouse: Regardless of the reasons for your divorce, a new relationship can deeply hurt your spouse, especially early on. Be sensitive to their feelings, even if you’re no longer together. This can help minimize conflict and facilitate a smoother divorce process.

 

  • Potential Impact on Children: Introducing a new partner too soon can confuse and upset children, adding to the stress they already feel during a family transition. Prioritize their emotional well-being and ensure they feel secure and loved throughout the process.

 

  • Financial Complications: Spending significant marital funds on a new partner can raise red flags. The court may view such expenditures as “dissipation of assets,” meaning you intentionally wasted money that should have been part of the marital estate. This could negatively impact property division and financial settlements.

 

Dissipation of Assets: A Deeper Dive

 

Dissipation of assets refers to using marital funds for personal gain after the marriage has effectively ended. While dating itself isn’t dissipation, here’s how it can become a problem:

 

  • Extravagant Spending: Lavish gifts, expensive trips, or significant financial support for a new partner can be seen as depleting marital assets.

 

  • Co-mingling Finances: Combining finances or using marital funds to pay for a new partner’s expenses can raise concerns about the fair division of property.

 

Tips for Dating During Divorce

If you choose to date before your divorce is finalized, consider these guidelines:

 

  • Prioritize Emotional Readiness: Don’t rush into a new relationship as a rebound. Focus on healing and processing your emotions before involving someone new. You run a real risk of ending up in a relationship that is short-lived or emotionally damaging

 

  • Exercise Discretion: While you don’t need to hide your relationship, be mindful of public displays of affection and social media posts, especially early on. Remember, your soon-to-be-ex might have friends or family monitoring your online activity.

 

  • Maintain Financial Separation: Avoid commingling finances with your new partner until your divorce is finalized. Keep separate bank accounts and credit cards to avoid complications.

 

  • Communicate Openly (When Appropriate): If you’re living separately from your spouse, consider informing them of your decision to date. Open communication, although difficult, can sometimes reduce tension and foster a more cooperative atmosphere.

 

Need Guidance Through Your Divorce?

 

Navigating divorce is complex, and understanding the implications of dating during this time is crucial. At Flat Fee Divorce Solutions, I have over 20 years of experience helping individuals navigate the legal and emotional complexities of divorce in Illinois. If you’re considering or going through a divorce in Belleville, Edwardsville, or the surrounding Illinois counties, contact my office today or call 618-726-2671 for a consultation. I can help you understand your rights, protect your interests, and achieve a smooth and fair resolution.

 

Disclaimer: The information contained in this post is general in nature and should not be construed as legal, medical, or financial advice. The post is for informational purposes only and does not create an attorney-client relationship. If you need legal advice about your matter, please contact an attorney in your jurisdiction.