Dating During Divorce: 7 Reasons NOT to Go There!
By Karen CovyUpdated 8 min read

Dating during divorce. It’s so tempting!
With all the hell you are going through with your spouse, you’re probably feeling stressed out, unloved, and definitely unappreciated.
What better to take your mind off your misery, and boost your flagging self esteem, than a few dates with someone who is actually interested in you? And, if one of those “dates” leads to a more serious romance, so much the better!
Why not start your new life now, rather than wait until you have a stupid piece of paper in your hand that says your divorce is official?
7 Reasons Why Dating During Divorce is a Bad Idea
As much as you might think that you are ready to move on, dating during divorce can have serious implications. It can hurt you both legally and financially. It is also not likely to do you any long-term good emotionally, either. Here are 7 good reasons why you might want to hold off on dating until you have put your divorce behind you.
1. Dating during divorce can damage your ability to settle amicably.
It doesn’t matter that your spouse cheated on you 1,000 times while you were married, and this is the first time you have even considered going for coffee with someone else. No one cares that your divorce case has dragged on for well over a year. It makes no difference whether you are actually sleeping with a new partner or not. Unless your spouse is as calm and spiritually evolved as a zen master, when s/he finds out you are dating someone else, it’s going to feel like s/he just got sucker-punched in the gut. That, in turn, will make dealing with your spouse way harder. It will also make settling your case amicably much more challenging.2. Dating during divorce can reduce the amount of spousal support you receive.
Under the law, you are considered to be legally married until a judge officially divorces you. If you are having sex with someone else before you are divorced, you may technically be committing adultery. (Sorry!) Putting aside the moral aspects of having a fling while you are still married, the legal ramifications of your actions may be deeper than you counted on. If you live in a state that still recognizes fault in divorce, then your “adultery” may affect your ability to receive spousal support. It may also reduce the amount of spousal support you receive. What’s more, if you are not just dating, but are living with, your new love, you might as well kiss your chances of receiving spousal support good-bye.3. Dating during divorce can affect your settlement strategy.
Most people assume that spousal support is paid in monthly installments over time. However, depending upon the law in your state, you may have the option of taking spousal support in a lump sum as soon as your divorce is final. The problem is, usually the only way you can get a lump sum is if your spouse agrees to pay it to you that way. Most judges won’t order your spouse to pay you support one big lump sum payment. If your spouse knows that you are likely to be living with someone else soon, s/he will never agree to pay you a lump sum for support. Instead, your spouse will opt for monthly payments. That way, as soon as you start living with someone else, your spouse gets off the hook. Spousal support ends when you move in with a new partner.
4. Dating during divorce can cost you money in your property settlement.
Any money you receive as spousal support is generally taxable income to you. (At least this will be true if you divorce in 2018.) Any money you receive in a property settlement is not. For that reason, you might want to give up your right to spousal support in exchange for receiving more money now. Your spouse may want to do that too because it will end his/her obligation to support you in the future. Trading a bigger property settlement for spousal support makes for a clean break. It also eliminates a lot of potential problems for both parties in the future. However, if you are already dating someone, your spouse may be much less likely to agree to give you more marital property in exchange for your waiving your right to support. Instead, your spouse will probably opt to pay you support over time. That way, your spouse won’t have to give up any extra marital property. Then as soon as you and your new love start living together, your spouse can stop paying spousal support, too.5. Dating during divorce can hurt your post-divorce parenting.
When you and your spouse are trying to make a parenting plan, each of you assumes that the other will be alone with the children during your scheduled parenting time. When that changes, making a parenting plan can suddenly get way more complicated. It is not unusual for the non-dating parent to feel like s/he has already been replaced by the “other person.” That makes him/her even less crazy about giving up any time with the kids. What’s more, the non-dating parent now not only worries about how the dating parent will raise the kids, but how the dating parent’s new squeeze will affect the kids, too! All of this makes reaching a reasonable parenting agreement infinitely more difficult.
6. Dating during divorce can affect your kids.
Going through a divorce takes as much time and energy as a full-time job. If you already have a full time job (which you obviously need to keep because you now really need the money), that already leaves you with precious little time for your kids. Yet, your kids probably need more of your time and attention now than they did before. Remember, they are trying to deal with their own emotions about the divorce. They are trying to navigate their own "new family." They are trying to adjust to their own new reality. New relationships, even casual dating relationships, take time ... often a LOT of time. That means that you will have even less time and attention left for your kids. You may think that your kids won't care. Don’t kid yourself. They will. No matter how much you may tell yourself that if you are happier, you will be a better parent, the truth is, you need time. You have to have the time, energy, and enough emotional bandwidth to take care of your kids.
7. Dating during divorce distracts you from dealing with your own emotional stuff.
At first blush, embarking on a new relationship might seem like exactly what you need to forget about your pain. Nothing is as exciting (or distracting) as a new romance! The problem is that, no matter how long you may have been thinking about divorce, or how dead your marriage may be, while you are going through a divorce, you are still not at your best. You’re not truly yourself. In order to move on from your marriage, you have to deal with your emotions. Like it or not, you have to let yourself feel the pain, anger, sadness, and other emotions you feel. You have to take the time, and do the work, needed to allow you to truly heal your wounds. Otherwise, you will simply repeat the same mistakes in your new relationship that you made in your marriage. Hiding your pain in a new romance may feel great for awhile, but, ultimately, it is nothing more than a temporary anesthetic. What’s more, once the romance fades, or the new relationship ends, you may find yourself picking up even more pieces of your shattered self than you had before you let yourself get swept away.The Bottom Line When It Comes to Dating
While you may be tempted to date while you're still in the process of getting a divorce, the bottom line is: It's a bad idea!
Instead of spending your time and energy on someone new, consider spending that time and energy on someone who truly needs and deserves it: YOU! Then, once your divorce is behind you, you will be able to start dating again with a clear head, an open heart and all the energy a new relationship deserves!Frequently Asked Questions
Is it okay to date while going through a divorce?
While not illegal in most states, dating during divorce can create significant legal, financial, and emotional complications. It can inflame settlement negotiations, affect custody evaluations, and add emotional complexity to an already difficult situation. Most divorce attorneys and coaches strongly recommend waiting until the divorce is finalized.
Can dating during divorce affect my custody case?
Yes. If a new partner is introduced to the children too soon, the other parent can argue it creates instability. Courts may also evaluate the judgment of a parent who begins a new relationship before resolving the current one. In some jurisdictions, overnight guests during parenting time can be raised as an issue in custody proceedings.
Does dating during divorce affect alimony or property division?
In fault-based divorce states, dating while still married can be considered adultery and may affect alimony awards. Even in no-fault states, spending marital funds on a new relationship can lead to claims of dissipation of assets. Always discuss your specific situation with your divorce attorney before beginning to date.
How long should I wait to date after separating?
Most therapists and divorce coaches recommend waiting at least until your divorce is finalized and you have had time to process the emotional aftermath. Rushing into a new relationship often means carrying unresolved baggage from the marriage. A common guideline is to wait at least one year after separation before seriously dating.
What are the emotional risks of dating during divorce?
Dating during divorce can mask grief, prevent genuine emotional healing, and lead to rebound relationships that are unlikely to last. It also adds complexity to an already stressful time. Taking time to heal and understand what you want in a partner leads to healthier relationships in the future.
Can my spouse use dating against me in court?
Yes. Your spouse can use evidence of dating to portray you as an unfit parent, to argue you are dissipating marital assets, or to create conflict that drives up legal fees. Social media posts, text messages, and even witness testimony about your dating activity can become part of the court record.
What if I have already met someone during my divorce?
If you are already in a new relationship, be discreet and keep it separate from your children and your divorce proceedings. Do not post about it on social media, do not introduce your new partner to your children, and inform your attorney so they can advise you on how to minimize any legal impact.
About Karen Covy
Divorce Coach, Decision Coach & Lawyer
Karen Covy is a divorce coach, decision coach, and lawyer who has been helping people navigate through divorce for over 30 years. She is the author of "When Happily Ever After Ends" and the host of the Off the Fence podcast.
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