The Basics of Legal Separation
Legal separation is when a couple stays married, but lives apart. A legal separation agreement is a court order that describes how the couple will divide property, debt, and time with children.
A legal separation is more than just moving out. The spouses undergo the same process and work with attorneys, as they would during a divorce. There is still a division of assets and debts and custody arrangements, if children are involved.
Both spouses remain legally married. However, any property or income that is acquired by either spouse during a legal separation is separate property belonging to that spouse. Any debts that either spouse acquires during legal separation is the responsibility of the debtor spouse. By contrast , debts that were incurred by either spouse prior to separation are joint legal debts that become the legal responsibility of both spouses.
Legal separation is less common than it once was. Many people change over the course of a marriage and sometimes those changes can cause one or both spouses to wish to end the marriage. However, both spouses are often in agreement that there are certain aspects of their relationship that they wish to retain. These aspects of the relationship may be tied to religious convictions or other sentimental value, such as the inability to sever a relationship in the eyes of their children.
Some people may choose legal separation in place of divorce for financial reasons. Main reasons include to enable the couple to retain health insurance benefits while the separation is in effect, to meet the requirements of a mandatory waiting period before a couple may obtain a divorce or to avoid the stigma associated with a divorce if they celebrate a milestone anniversary or anticipate an inheritance.
Can You Date During Legal Separation?
Whether you recently filed for legal separation or have been separated for years, meeting or dating new people is a major milestone in the process. You may be ready to jump in and start meeting other singles, or you may be a little apprehensive. Nonetheless, this next step in your journey can be exciting or scary. Before you move forward, you may want to know whether it’s even legal to date at this point.
Generally speaking, pursuing new romantic interests is certainly allowed after separating from your spouse. Legally, you’re no longer expected to behave as a married person, and some jurisdictions even allow you to move on to divorce after 6-12 months of separation if both parties consent.
Of course, just because the law allows it doesn’t mean that you’re ready or that moving on will be free of complications. For instance, you may need to tell your spouse about a new relationship once it reaches a certain level of seriousness, and financial discrepancies between you and your spouse may pose challenges. If you were previously dependent on your spouse for financial support, a change in financial situation might affect this.
Meanwhile, some types of dating are more likely to lead you back to legal for divorce than others. If you start sleeping with another person while not technically divorced, a judge could consider this adultery and use it as a reason to grant the divorce. Of course, this only applies if you still intend to go through with the divorce at the end of the separation period, so most people aren’t overly concerned about minor infractions.
A clear understanding about how dating during legal separation could influence divorce proceedings is a must before you get started. To understand the local laws and whether pursuing a new relationship may have an impact on your divorce, consult an experienced attorney.
Effects on Divorce Process
When spouses are legally separated, some may assume that they can explore dating without any consequences. While it may not impact the legal status, there are still many considerations when it comes to dating during separation. Legally, however, dating does not have an effect on divorce proceedings. There are no grounds for a divorce based on the action of one person dating another. The timing of the divorce is still the same and there is no fault that can be placed upon one party versus the other simply because one is dating and the other is not.
What this means from a practical standpoint though is that actions stemming from a dating relationship can result in actions having a legal consequence. For example, suppose your spouse begins dating someone of relative wealth. They become involved in an extramarital affair and after some time move in with the new partner. Unfortunate and unfair as it may be, trying to collect alimony from your spouse might be difficult if they are living with a wealthy girlfriend or boyfriend. The courts look at supporting multiple parties and deciding that you need to continue paying alimony on top of what your spouse’s new significant other is paying might be determined unnecessary. This is certainly a potential result of your spouse moving in with someone else while he a maintains a secondary residence. It is not possible to truly determine how much impact dating during separation will have on divorce proceedings. Much comes down to the circumstances of each couple and how they conduct themselves during the separation.
Social Context of Dating During Separation
Dating can be fun after a legal separation. But it isn’t without ramifications. Before most people embark on the dating scene, they need to understand the social implications of doing so.
The degree to which dating while separated may have ramifications depends on several factors, including the following:
Although divorce is legal, it is still a highly emotional time for everyone involved, and with that, even greater care and consideration must be taken when it comes to dating. As a result, in general terms, dating while separated may have an adverse effect on relationships with family and friends.
In most cases, dating before a divorce is finalized does not carry any legal consequences, but depending on the particular circumstances , there may be some exceptions. The important thing to keep in mind is that if you choose to date during separation, you do so at your own risk and should be prepared for the possible social, emotional and, in some rare cases legal, ramifications that may ensue.
As with most decisions related to divorce, it is important to put your children front and center. Children are often aware when their parents are dating someone new, and they may not be happy about it. If you’re dating someone who is a parent, you will have even more explaining to do as kids tend to get used to having just a mom or just a dad and the introduction of new parents may be confusing and difficult for them to understand.
When Not to Date During Separation
If you are involved in issues of child custody, welfare or support, or if you have any doubts about how your legal separation may play out, you may find that dating while legally separated is inadvisable.
A legal separation agreement can set forth many of the terms of your divorce, including arrangements for custody and visitation of children. If you begin dating while in the midst of your legal separation, you may invite inquiry into those terms. Even if a technical breach of the agreed terms does not occur, it may be the case that your estranged spouse simply will have a negative reaction to your dating and will become very aggressive in trying to make things difficult for you, perhaps in the form of seeking a modification of the terms of your legal agreement or even asking for the court to award him or her sole custody of the children involved.
Legal Guidance and Insights
The above scenarios illustrate that legal separation will ultimately lead to divorce if parties are unable to reconcile differences. Even if you are not yet divorced, it is important to move on with your life and develop a future plan. Finding romance is a normal part of recovering from the breakdown of your marriage. However, if your legal separation agreement is a negotiated settlement or if your case is in litigation, finding romance may be ill-timed and even dangerous from a legal standpoint.
You should speak with an attorney before beginning to date while legally separated. There are multiple issues to discuss , including: Whether you may begin dating family friends; Whether you are entitled to spousal support, and if so, how much; The classification and division of your separate property, including any gifts or inheritances you may receive; How dating now might affect spousal support or equitable distribution of assets later; and What kind of evidence can be used against you to show marital misconduct.
A legal opinion on these matters will help you avoid potential problems later on.